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HomeMy WebLinkAboutcoa.lu.tu.401 E Hyman Ave.0005.2018.aslu0005.2018.ASLU 401 E HYMAN AVE TEMP FOOD VENDING 273718216001 • a PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS lit'' CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PROJECT ADDRESS PARCEL ID PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0005.2018.ASLU 401 E HYMAN AVE 2737 182 16 001 GARRETT LARMIER TEMP FOOD VENDING EMILY WHIPPLE 01/19/2018 CLOSED BY BONNIE SHILES 8/13/18 Permit_ • o(X#2_m 06 • /�S L`A ❑ X File Edit Reccrd Navigate Fcrm Reports Fcrmat Tab Help Ila �i L Jump— -- ---� -- �� _ Clgar a — r ---� Main Custom Fields Routing Status Fee Summary Actions Routing History rmit ttpe �Slu AEren LanC Use Permit _21 LU N Addres% 4C1 E H':'11ttJ '..-T - ApttSuite7:7 C— - `o, Citr' SPEhi State F I zip != 1 _ 11 Cr x ermit Information Master- permit Routing queue Applied c� T z project Status Fending Approved 0 rn Description Vl . PPLIC�Tp iH F_iR `EPP F C 'v`E10N3 Submitted Et•IIL •;r'HIPPLE 781 572 2283 Clock Running Days F7 Submitted via Issued F__-� Closed., -Final Expires CV052019 O•,\,ner Last name 801,&ER First name S`E': E —� 413 VINE ST Phone 1781)572-2283 ASPEN CO 81611 Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Lastname WHIPPLE First name EI•IIL" =1 _' VINE ST - 71SPEN Phone (781)572-2283 Cust # Address CO 81611 _'CSCS Email SBOWLER4@GIdAIL.COM Lender Last name First name Phone i - Address ckc dl�q b'l 31 13.5 AspenGold5 (server) angelas — 1 of 1 ; P�a. ,Y_ Ga m-I- Lute i m er � I1�`�UIGj • 0 NOTICE OF APPROVAL FOR A TEMPORARY OUTDOOR FOOD VENDING LICENSE AT 401 E HYMAN AVE., LEGALLY DESCRIBED AS LOT A, BLOCK 89 CITY OF ASPEN TOWNSITE, Parcel ID No. 2737-182-16-001 APPLICANT: Stephen Bowler 52 N. Crescent Circuit Boston, MA 02135 REPRESENTATIVE: Emily Whipple 413 Vine St., Aspen, CO 81611 PROPERTY OWNER: 401 E Hyman LLC 240 E Illinois St. #1604 Chicago, IL 60611 SUBJECT & SITE OF APPROVAL: The applicant has requested renewal of an approval for a Temporary Outdoor Food Vending business at 401 E Hyman Avenue on the existing concrete pad onthe property, adjacent to the Mill St. pedestrian mall. SUMMARY: The applicant has requested approval to operate a temporary outdoor food/beverage business that will sell Slow Groovin' BBQ on private property at 401 E. Hyman Ave. The temporary use is requested from the date of this approval through April 30, 2018. The applicant received approval in 2016-2017 to operate a temporary outdoor food business, The Brothel. The same food cart is proposed to be used, but under a different business name. The approval grants a period of twelve (12) months with the ability to renew once the time frame has expired. No more than one (1) temporary outdoor vending business may operate on a private property parcel at a time. STAFF EVALUATION: Pursuant to Section 26.470.090(H) of the City of Aspen Land Use Code (hereinafter the Code), Temporary Outdoor Food Vending is a temporary use by a restaurant or retailer on private property, private open space, or public property that is subject to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone District and shall be approved, approved with conditions, or denied by the Community Development Director. The proposed location is within the Commercial Core Zone District, and the application has been reviewed against all applicable review criteria, and staff has found it to comply with all standards. A copy of the lease has been provided as well as a signed letter of approval from the property owner for this temporary outdoor vending request. The applicant has indicated a variety of BBQ dishes and sides will be served. The hours of operation will be Wednesday through Sunday, serving lunch from 11:00AM until 3:OOPM, and dinner from 8:OOPM until 2:OOAM. The proposed food vending cart will be a trailer on wheels- the BFB-6 Food Buggy Master. The buggy measures 4.92' wide and 9.2' long for a total size of 45.26 sq. ft., less than the 50-sq. ft. permitted by the Page 1 of 2 0 • Code. The applicant is required to cover the wheels and wrap the bottom of the food cart with materials approved by the Community Development Director. The temporary food structure abuts the Mill St. and Hyman Ave. pedestrian malls. If the normal operation of this business in any way impedes the movement of pedestrian traffic, the applicant will be asked to move the structure so that line queues and normal business shall not create interference. The application includes a proposal for a Slow Groovin' BBQ sign to be attached to the front of the cart and measure approximately 5.25 square feet. No other signage was proposed or approved as part of the application. Any additional signage must be reviewed and approved by a City of Aspen Zoning Officer. The applicant is requesting approval through April 30, 2018; however, the business is permitted to continue for a period of one year from the date of this approval without the need to renew with the City prior to that date. No more than one outdoor vending business may operate on the property at a time. Significant changes to the menu must be vetted with the City's Environmental Health Department. Changes to the hours of operation should be reported to the City's Planning Department. The applicant has received initial approved by the City's Environmental Health Dept. for the proposed business; however, an inspection is required prior to the start of business and must be scheduled with that department. DECISION: Staff finds that the request for Temporary Outdoor Food Vending provided by the applicant, B y t he Horns Broth Co, LLC, shall be granted. The application complies with the review standards for Temporary Outdoor Food Vending in Section 26.470.090(M of the Code. The follow conditions must be met: 1. Skirting must fully conceal any wheels, and must match the color and material of the cart. 2. No more than 1 cart may operate at a time on the property. 3. Signage, as represented in the application, measuring approximately 5.25 sq ft is permitted. Confirmation that the signage meets the allowances of the code will be completed within four days of the opening, and an amendment may be necessary to ensure compliance. APPROVED BY: the Garrowu lenity Development Director OP.; Attachments: Exhibit A — Application Exhibit B — Review Criteria PM,) - � � �q Date 1 R Z� ti - I / Date Page 2 of 2 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 8, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 401E Hyman Ave. Temporary Food Vending ` and have reviewed it for completeness (and not compliance). Your Land Use Application is complete: / _Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $81.00 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You. ifJPI�Deputy Planning Director City oCommunity Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 0AIN FOR rL(VMAMEN ( IECM V_cEivED JAN 0 9 2018 CITY OF ASPEN COMKM, TY DDELOPMEN i Agreement to Pay Application Fees ©OOS• An agreement between the City of Aspen ("City") and Please type or print In all caps Address of Property: G/1+ ! 1�5° /4flq'(+'rAV Property Owner Name: 51e /rf � i+ P_20 .dr,r` Representative Name (if different from Prcpeny Owner) / i)9/ wGk r'% Billing Name and Address - Send Bills to: ���� iiI/r� ply C��, S/�;pd� .i /3i"', .✓ Contact info for billing: e-mail: Sb4�w le+'y't J ,yf Phone: S �` V I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.v0 _flat fee for $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it Is not T possible at this time to know the full extent or total costs involved in processing the application. I understand that additional �= costs over and above the deposit may accrue. 1 understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project X consideration, unless invoices are paid In full. A X The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to days the City shall be considered by the City as being received by me. I agree to remit payment within 30 of presentation of an invoice by the City for such services, I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff tirne. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for ..__ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen:= Signature: Jessica Garrow, AICP C 2 I P 64) Community Development Director PRINT Name: City Use: 00 Title: if fi r �. The 1 / e' /) 1%(,+l �1/ ('61, riil�C Fees Due: $^___,Received $�_ Case f! November-2017 City of + 1920 5090 �s2ol��cS� RECEIVED JAN 0 9 2018 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY CITY OF ASPEN COMMU' n DDELOW PLANNER: Garrett Larimer, 429.2739 DATE: November 22, 2017 APPLICANT: Emily Whipple, eiwhipple(@,gmail.com Steve Bowler, sbowleMAgmail.com REQUEST: Temporary Food Vending DESCRIPTION: The Applicant is interested in obtaining a Temporary Outdoor Food Vending permit to operate a bone broth business at 401 E. Hyman Avenue. The Applicant will need to comply with the criteria established in Section 26.470.060(9), Temporary Outdoor Food Vending. The full list of requirements is attached to this pre-app. This is a renewal for a Temporary Outdoor Food Vending permit obtained last year. The applicant received approval for the same space and business on January 3, 2017 for use of the temporary use through April 15, 2017. Food vending carts are limited to 50 square feet, and are permitted to operate for a period of one year. Renewals may be requested. Food carts are only permitted to be on private property and must be located within particular zone districts. The following information will be needed: • The periods of time when the food stand is intended to operate • How the wheels will be covered • Desired months of operation A comprehensive list of types of food and beverage being offered and food preparation details. This food service plan will be reviewed by Environmental Health. Location. The cart must be on private property at all times and a minimum 6-foot egress must be maintained for all building entrances and exits. All of this information shall also be included in a letter of approval that must be signed by the property owner(s) or owner's association(s) authorizing the food vending. The applicant must also obtain a business license with the City of Aspen. Below is a link to the Land Use application form and Land Use Code for your convenience. Land Use App: hftp:flwww aspenpitkin com/Portals/O/does/City/Comdev/Apps%20and%2OFees12013%201and%20use%20app%20form.pdf Land Use Code: h ttp://www.aspen pi tkin. c:om/Departments/Community-Develop menUPla n ning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.470.060(9) Temporary Outdoor Food Vending Review by: Staff for completeness and approval Public Hearing: Not applicable Neighborhood Outreach: Not applicable Planning Fees: $81 Flat fee, GMQS- Outdoor Food Vending Total Deposit: $81 To apply, submit one complete copy of the following information: 0 41 Completed Land Use Application and signed fee agreement. m` Pre -application Conference Summary (this document). Lf Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. E6 Street address and legal description of the parcel on which development Is proposed to occur. d HOA Compliance form (Attached) ll A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application § 26.470.060(8) Temporary Outdoor Food Vending (attached). El A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). d A site plan depicting the location of the temporary use. IT( Proposed signage for the food vending operation. ❑ If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. ❑ Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. b A signed letter from the properly owner. ❑ Proof of approval from the Environmental Health Department for a food service plan. If the copy Is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional paper copy and one digital copy in PDF format of the complete application packet and ❑ Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 S 26,470,060.9 Outdoor food/beverage vending license, Outdoor foodlbeverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: 1) The operation shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. 3) The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingresslegress shall be maintained for building entrances and exits. b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26.510. d. Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. Applicants are encouraged to meet with the City's Building Department to discuss the vending cart/stand. f. Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.B, plus the following: 1) Copy of a lease or approval letter from the property owner. • 0 2) A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage. 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-consecutive periods. h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. Unresolved complaints may result in denial of a renewal request. i. Business License. The vending operator must obtain a business license. j. Affordable Housing and Impact Fees Waived. The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor foodibeverage vending activities. k. Maintenance and public safety. Outdoor foodibeverage vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. I. Abandonment. The City of Aspen may remove an abandoned foodibeverage vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. m. Temporary Cessation. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the foodibeverage cart will create a public safety issue or create an excessive burden on the event activities. n. License Revocation, The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor foodibeverage vending license shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of.Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Tl[L Crn' ov &mN Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5. Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code Is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen. com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre -Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, Inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. November 2017 City of Aspen 1130 S. Galena St. 1 (970) 920 50901 • Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative -- meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case In addition to the case planner. Deposit amount may be reduces if, In the opinion of the Community Development Director, the project Is expected to take significantly less time to process than the deposit Indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs Incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require anew deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice Is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment Information Is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid In full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment Is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. November 2017 City of Aspen 1130 S. Galena St. 1 (970) 920 5090 LAND USE APPLICATION Project Name and Address: �`'� r 1 rk 4, ��� S �o cJ C�► 04,VJ Parcel ID # (REQUIRED) 27 T7 1 b;Z 1 b a o 1 ADDI IrAfUT- 40//- 4,1Z. ti Name: Cq PJ Jd W it'r Address: Z Al C�fL�.i L Ll rf vor� �JdS Jz+ ct MA Phone #: t/7 5��� 20� ! email: S'�d c� y yrp>ntit d l , CCI °Zn REPRESENTIVATIVE: I Name: " / IL /A�y(✓r►1/7` J�V Address; 'T (7 1�J�`�L 1 �! ^+S/►�'1 L/ 6 Phone#: (o b l� 0 (40 q r email: e W I., J AQ41 , 10 t" (0 ✓� Description: Existing and Proposed Conditions A-,rf3�1T : Co'lc: Review: Administrative or Board Review Required Land Use Review(s): ,q , TII ,ti l�1 ?it (� 1 c u,1,JJ 1 2 I, X q 1( Growth Management Quota System (GMQS) required fields: © (1 r,)" /1 root, +v(� Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: Pre -Application Conference Summary PSigned Fee Agreement HOA Compliance form ©"AII items listed In checklist on PreApplication Conference Summary November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location AIL Uc,,i bl-dl (6 11-L ) �IC�Lj "40vi-x plb(� IL_'1_ I A �,Vlkq Applicant: %c>�Lc -r Rot.✓ G r'r r Zone District: C" e Gross Lot Area: Net Lot Area: "Please refer to section 26.575.020 for Information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential_ Multi -family Residential Existing Allowed Proposed 1) Floor Area (square feet) 1) Number of Units 2) Maximum Height 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback 3) FAR (Floor Area Ratio) 4) Rear Setback 4) Floor Area (square feet) 5) Side Setbacks 4) Maximum Height 6) Combined Side Setbacks 5) Front Setback 7) % Site Coverage 6) Rear Setback 8) Minimum distance between buildings 7) Side Setbacks Proposed % of demolition Proposed % of demolition Commercial Proposed Use(s) Existing Allowed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existina non -conformities or encroachments: Variations requested: Lodge Additional Use(s) Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 71 Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition ✓ ,, Existing Allowed Proposed Existing Allowed Proposed November 2017 City of Aspen 1130 S. Galena St. 1 (970) 920 S090 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness, Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. once your application is determined to be complete, it will be revlews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you If additional Information is needed or If problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing In the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) November 2017 1City of Aspen 1 130 5, Galena St. j (970) 920 5090 0 • 6. Issuance of Development Order. if the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed Into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed In detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected If due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. November 2017 City of Aspen 1130 S: Galena St. (970) 920 $090 • December 12, 2017 To Whom It May Concern, Stephen Bowler is applying to renew a temporary outdoor vending permit for our food business located on private property on the corner of E. Hyman Ave. and South Mill St., where we plan to bring you BBQ foods. By The Horn Broth Co. LLC will this year bring you Slow Groovin BBQ from our cart located at 401 E. Hyman Ave., Aspen CO 81611. Our signage will read: "Slow Groovin BBQ Aspen". The Authorized Representative will be: Emily Whipple 413 Vine Street Aspen, CO 81611 Cell: (860) 306-4631 Sincerely, Stephen Bowler Co -Owner, By The Horn Broth Co. LLC 52 N. Crescent Circuit Boston, MA 02135 Cell: (781) 572-2283 Street Address and Legal Description Street Address: 401 E. Hyman Ave Aspen, CO 81611 Legal Description: City and Town Site of Aspen Lot A, Block 89 Parcel #273716216001 • Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the propert owner or Attomey representing the property owner. Name: David Silverstein Property --- Owner ("I" ): Email: davidsilverstein15@gmail,com Phone No.: 847-508-9695 Address of Property: 401 E. Hyman Aspen, CO (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand -th—attt current is a public document. Owner signature: date: 1-5-2018 Owner printed name: David Silverstein or, Attorney signature: date: Attorney printed name: Proposal I am applying to renew an outdoor vending permit to serve food and beverages out of our approved food cart located on the South East corner of Hyman Ave E. and South Mill St., where we, By The Horn Broth CO. LLC did business as, "The Broth -el", during the winter 2017. Our structure is 9.2' long x 4.92' wide, for a total of 45.26 sq. ft. in size. This year, we plan to use the same approved cart to bring you Slow Groovin BBQ: Menu- Our restaurant operation offers slow smoked meats and homemade side dishes. All of our products are unique and delicious. We source strictly locally and deal with established vendors who have the same passion about quality as we do. Looking at the market in Aspen, we feel locals and tourists alike need a quick affordable quality driven option. The following menu is geared towards basic BBQ and is very easily executed in a small work environment such as a food cart. Main Menu- 1.) Pulled Pork Sandwiches 2.) Beef Brisket Sandwiches 3.) Soup of the Day — Green Chile 4.) Cole Slaw 5.) Mac n Cheese Hours of Operation — Open 5 days a week Wed — Sun Serving Lunch from 11am — 3pm Serving Dinner Late 8pm — 2am Proposed Signage: Proposed signage will be affixed to the front of cart and will be approximately 5.25 sq. ft. How our operation complies with the Review Standards for Outdoor Food/Beverage 26.470.060.9 Outdoor food/beverage vending license, a. Location. We are located on private property in the Commercial Core 1) Our operation will be in a fixed location and shall not move on a daily basis 2) Normal operation will not inhibit pedestrians as we have room for a line queue on the concrete pad that is part of the lease private property 3) Operation will not interfere with "emergency egress or pose a threat to public health, safety, or, welfare" b. Size. Our structure is 9.2' long x 4.92' wide, for a total of 45.26 sq. ft. in size. c. Signage. Our signage is compliant with all guidelines set forth. d. Environmental Health Approval. Our food service plan has been approved and we are in good standing with Environmental Health Department. We have recycling bins and garbage cans that are emptied daily and stored inside at night. e. Building and Fire Code Compliance. We comply with all necessary fire codes. f. Application Contents. 1) Copy of lease attached. 2) Description attached 3) Property Survey — all operations are contained on private property g, h, i, j, k, I, m, n — understood • 1 . 1 = 1 We plan on building a small, tasteful, box that will be roughly —2.5' x 2.5' that will encase the wheel well of the food cart. We can place a flower box on top to add to the pleasing aesthetic. We propose being open from January 2018 through April 2018. o r ce I 1 o li 0 to U �r 8� � 3 � � c m cc .. 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Q •:'�. ` a. •- �� - .. 4 Yi�.'viT }Ili WOO x' 7jI J yyP t6 I r y '.�la .tit: � � v;• I r..--..+»,�4�„S��.s t s + R �.I �µ,7tl .�y i '..I t I,..yi � tl� ��iJ ' •�I:F�. al-�'S�y�,F N J al �i k�l',�gMc'rl s � i � I Icie 1 I i r 4 I I� ,,. ` `6U r WEJ°� IN IFYifI S. e' '�. �, ' r' r.* it •�:+.. ,a r sir MAP (� ) rb OP G�2 g�34 r�f� ra �t��"a•+r�.� � ry t, Al A 0 .0 I, David Silverstein, Managing Member of 401 E. Hyman LLC., owner of 401 E Hyman Avenue, approve the owners of the Horn Broth Co. LLC use of 50 square feet for the establishment of a BBQ food stand space. This space is to be operated from Dec. 15`h 2017 through April 2018 subject to the terms of the Commercial Lease between 401 E. Hyman LLC and by The Horn Broth Co. LLC of December 2017. Operation of this Kiosk is subject to permitting from the City of Aspen. Since David Silverstein Owner 401 E. Hyman Avenue LLC COMMERCIAL LEASE COMMERCIAL LEASE: This Commercial Lease ("Lease") is entered into this `^ day of December, 2017 by and between 401 E. Nyman LLC, an Illinois State limited liability company ("Landlord') and By The Horn Broth Company, a Delaware State limited liability company ("Tenant"). LEASED PREMISES: In consideration of the mutual covenants and agreements set forth herein and in the. full Commercial Lease ("Lease") to which this Summary is attached, which Lease is made a part hereof by this reference, Landlord does hereby lease to Tenant, and Tenant does hereby (ease from Landlord, the following described Leased Premises: approximately 240 square feet of street level rental area at 401 East Hyman Avenue, Aspen, Colorado 81611, ("Leased Premises"). TERM: The Leased Premises are accepted by Tenant in "as is" condition and configuration. TENANT HEREBY AGREES THAT THE LEASED PREMISES ARE IN GOOD ORDER AND SATISFACTORY CONDITION AND THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY LANDLORD REGARDING THE LEASED PREMISES, THE BUILDING OR THE PROPERTY. BASE RENT: SECURITY DEPOSIT: USE: Tenant shall use the Leased Premises only for the purpose of operating a sales kiosk/shack for food and beverage during the Lease period. The sales kiosk/shack shall be removed from the premises at the end of business on the last day of the Lease Period and the premises shall be left in broom -clean condition. Tenant shall and will only conduct Food and Beverage sales as not to compete or interfere with other Tenants at 401. E. Hyman. GUARANTY: This Lease shall be fully and Irrevocably Guaranteed jointly and severally by Stephen Bowler, Emily Whipple, and Walter S. Thayer. INSURANCE: Tenant shall carry liability insurance with a minimum of $2,000,000,00 in liability coverage, covering its use of the Leased Space and, if applicable, all-risk insurance covering Tenant's property stored thereon, and shall add Landlord as an additional insured on any such insurance policy. With respect to all Insurance coverages maintained by Tenant hereunder, such coverages shall be primary insurance as they apply to Tenant. Tenant assumes all risk and waives all claims it may have against Landlord for damage to or loss of property (including theft) or injury to persons within or about the Leased Space and the Property relating in any manner to the existence, use or operation of Tenant's business, unless resulting from the gross negligence or willful misconduct of Landlord. UTILITIES: Tenant shall have access to electricity at the Leased Premises. Landlord agrees to install and pay for, subject to Tenant's reimbursement as Additional Rent, separate electrical access for Tenant's use, with all costs for permitting, equipment, Installation, and any other required expenses to be paid by Tenant with the first monthly rent payment for the first Winter Lease Term. Tenant sha 11 establish a permanent sub -meter on the premises to track Tenant's electric usage at the beginning and at the end of the City of Aspen Utilities monthly billing cycle to determine actual kilowatt hour usage for the billing period and shall pay their portion of the total electric bill on a percent of kilowatt hour used basis. Tenant shall allow the owner of the Art Tee Gallery or any other future Tenant occupying the inside building space at 401 East Hyman Avenue access to the sub -meter to verify electric usage. Tenant agrees that Tenant will not install any equipment which will exceed or overload the capacity of any utility facilities, and that if any equipment Installed by Tenant shall require additional utility facilities, they shall be Installed and maintained at Tenant's sole cost and expense In accordance with plans and specifications which have received prior written approval of Landlord and any additional facilities or improvements shall be permitted by the City of Aspen. Landlord's approval of any plans and specifications shall be at its judgment and discretion. LICENSES AND PERMITS: Tenant agrees to obtain and maintain in good standing at all times all legally required licenses and permits and shall comply with all applicable laws relating to or affecting the use or occupancy of the Leased Space. If Tenant is unable to obtain necessary permits from the City to commence operations, this Lease shall be considered null and void and Tenant shall be reimbursed the full amount of Base Rent paid. REPAIR AND MAINTENANCE: Tenants shall keep the Leased Premises in good condition and repair, ordinary wear and tear excepted. Tenant's obligations include, without limitation, repairs to i) electrical wiring and connections to Tenant's kiosk; ii) alterations performed by contractors retained by Tenant; and lit) snow and ice removal at the Leased Premises. DEFAULT: Tenant shall be in default under the Lease, and the Lease shall automatically terminate If (1) Tenant fails to pay rent for any period within ten (10) days from the date such rent is due, OR (2) Tenant fails to comply with any of the non -monetary terms and conditions of the Lease, and Tenant fails to cure such breach within ten (10) days or receipt of written notice from Landlord. In the event of any such default, Landlord shall be entitled to any and all remedies available to Landlord at law or in equity, and Tenant shall pay to Landlord, upon demand, all expenses Incurred by Landlord in enforcing Its rights and remedies under the Lease, including all attorney's fees. ASSIGNMENT AND SUBLEASING; Tenant shall not assign, sublet this Lease or the Leased Premises without consent of Landlord. INDEMNITY: Except for Landlord's gross negligence or willful misconduct, Tenant agrees to and shall save, hold and keep harmless and indemnify Landlord, from and against any and all liabilities, obligations, damages, payments, penalties, expenses, costs, claims, actions, attorneys' fees and other professional fees that may be imposed upon, incurred by or asserted against Landlord that arise out of or in connection with any damage or injury occurring in the Leased Premises. Tenant agrees to make no claim against Landlord for or on account of any loss or damage by reason of fire or other casualty (including utility breakage or malfunction) except as expressly set forth in this Lease or as may be caused by the gross negligence or willful misconduct of Landlord. Landlord shall not be liable for damage to personal property in or about the Leased Premises unless caused by the gross negligence or willful misconduct of Landlord. This Indemnification clause shall not be construed to create any right of action or basis of claim on behalf of any third party against either party hereto. The indemnity set forth in this Article shall survive the Expiration Date or earlier termination of this Lease. SUBORDINATION; ATTORNMENT; ESTOPPEL CERTIFICATE: This Lease, including the covenant of quiet enjoyment, may, at Landlord's option, be subject and subordinate to the lien of any trust deed or deeds, mortgages, or liens resulting from any other method of financing or refinancing before or hereafter placed upon the Leased Premises, and to all other amounts advanced thereunder or consolidations and extensions thereof; provided, however, that in the event of any foreclosure or other suit, sale or • 0 proceeding thereunder, Tenant, If not then in default hereunder, will not be made a party to any such suit or proceeding, and the same shall not affect the rights of Tenant under this lease. This Article V11 Is self -operative and no further Instrument of subordination shall be required in order to effectuate it. Nevertheless, Tenant agrees to execute such instruments as may reasonably be requested by any beneficiary or mortgagee to evidence and make a record of the fact that this Lease is to be inferior to any such deed of trust or mortgage. If requested by a successor -in -interest to all or a part of Landlord's interest in this Lease, Tenant shall, without charge, attorn to the successor -in -interest. Tenant shall, within ten (10) days after receipt of written request from Landlord, execute and deliver an estoppel certificate to those parties as are reasonably requested by Landlord (including a mortgagee or prospective purchaser), The estoppel certificate shall include a statement certifying that this Lease Is unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to the best of Tenant's knowledge, there is no default (or stating with specificity the nature of the alleged default) and certifying other matters with respect to this Lease that may reasonably be requested. COVENANT OF QUIET ENJOYMENT: So long as Tenant is not in default hereunder during the Term and any renewal or extension thereof, Landlord covenants that Tenant shall peaceably and quietly occupy and enjoy the Leased Premises subject to the terms hereof. Landlord warrants and agrees to defend the title to the Leased Premises, and further warrants that it has full authority to execute this Lease. Upon Tenant's vacating of the Leased Space at the end of the Lease Term, Tenant shall peaceably surrender to Landlord the Leased Space, broom -clean and in the condition the same was in on the Commencement Date of the Lease. MUTUAL REPRESENTATIONS AND WARRANTIES: Each party hereby represents and warrants to the other party that (i) it Is duly organized, validly existing and In good standing in accordance with the laws 0 of the state under which it was organized and if such state is not the state in which the Premises is located, that it is authorized to do business in such state; (ii) all action necessary to authorize the execution of this Commercial Lease has been taken by it; and (iii) the individual(s) executing and delivering this Commercial Lease on behalf of it has been authorized to do so, and such execution and delivery shall bind it. Each party, at the other party's request, shall provide evidence of such authority. This Lease constitutes the complete and final expression of the agreement of the parties relating to the Leased Space and supersedes all previous agreements and understandings of the parties, either oral or written, relating to the Leased Space. This Lease shall be binding upon the parties hereto, their successors and assigns, and shall become effective only after the full execution and delivery hereof by Landlord and Tenant, and receipt by Landlord of Tenant's payment of first month's rent. This Lease shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, Landlord, Tenant, and Guarantors have executed this Commercial Lease: Summary of Business Terms on the day and year first above written. LANDLORD: 401 E. Hyman, LLC, an Illinois State limited liability company By. David Silverstein, Owner MAP fN�C9 r4 "log"7� ,j GALfNA s �4 J( tia.Ncir� �'�r0_4 s. R. CIU� dTI j'1'r[ MA � (r i) �W �U THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 28, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 401E Hyman Ave Temporary Food Vending request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. The HOA form needs to be signed by the property owner, not tenant. 2. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. Please provide a site plan showing the location of the cart on the site (footprint on the ground). 3. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. • Please provide drawings that show location and dimensions of proposed signage. • A signed and dated lease. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You I ennifer Ian, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No L GMQS Allotments Yes No� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging __ I, David Silverstein, Managing Member of 401 E. Hyman LLC., owner of 401 E Hyman Avenue, approve the owners of the Horn Broth Co. LLC use of 50 square feet for the establishment of a BBQ food stand space. This space is to be operated from Dec. 15`h 2017 through April 2018 subject to the terms of the Commercial Lease between 401 E. Hyman LLC and by The Horn Broth Co. LLC of December 2017. Operation of this Kiosk is subject to permitting from the City of Aspen. Since Daces Swr J David Silverstein Owner 401 E. Hyman Avenue LLC -Al Azz, 1 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Co�liance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed b the 'opert owner or Attorney representing the property owner. Name: David Silverstein Property Owner ("I" ): Email: davidsilverstein15@gmail.com Phone No.: 847-508-9695 Address of Property: 401 E. Hyman Aspen, CO (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private b the homeowners asi ents proposed in this land use application do not require approvalY or covenant beneficiary. ❑ This property is subject to a homeownershave beention or private covenant and the approved by the homeowners association nor ts proposed in this land use application covenant beneficiary. I understand this policy and I understandthe covenants orhomeownerassociation hen� u es ormanage bylawsthe applicability, meaning or effect of private understandif�atti�' ument is a public document. Owner signature: � date: 1-5-2018 Owner printed name: David Silverstein or, Attorney signature: date: Attorney printed name: 0 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 429.2739 DATE: November 22, 2017 APPLICANT: Emily Whipple, elwhipple(a gmail.com Steve Bowler, sbowler4ftmail_com REQUEST: Temporary Food Vending DESCRIPTION: The Applicant is Interested in obtaining a Temporary Outdoor Food Vending permit to operate a bone broth business at 401 E. Hyman Avenue. The Applicant will need to comply with the criteria established in Section 26.470.060(9), Temporary Outdoor Food Vending. The full list of requirements is attached to this pre-app. This is a renewal for a Temporary Outdoor Food Vending permit obtained last year. The applicant received approval for the same space and business on January 3, 2017 for use of the temporary use through April 15, 20W. Food vending carts are limited to 50 square feet, and are permitted to operate for a period of one year. Renewals may be requested. Food carts are only permitted to be on private property and must be located within particular zone districts. The following information will be needed: • The periods of time when the food stand is intended to operate • How the wheels will be covered • Desired months of operation • A comprehensive list of types of food and beverage being offered and food preparation details. This food service plan will be reviewed by Environmental Health. • Location. The cart must be on private property at all times and a minimum 6-foot egress must be maintained for all building entrances and exits. All of this information shall also be included in a letter of approval that must be signed by the property owner(s) or owner's association(s) authorizing the food vending. The applicant must also obtain a business license with the City of Aspen. Below is a fink to the Land Use application form and Land Use Code for your convenience. Land Use App: http://www aspenpitkln.com/Podals10/docs/City/Comdev/Apps%20and%2OFees12013%201and%20use°/`20app°/`20form.pdf Land Use Code: http://www aspenpilkin com/Departments/Community-DevelopmenUPlanning-and-Zoninqfritie-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.470.060(9) Temporary Outdoor Food Vending Review by: Staff for completeness and approval Public Hearing: Not applicable Neighborhood Outreach: Not applicable Planning Fees: $81 flat fee, GMQS- Outdoor Food Vending Total Deposit: $81 To apply, submit one complete copy of the following information: RE:EIVED DEC $ 6 2017 CITY OF ASPEN '0MMtNTY DEVELWNT d Completed Land Use Application and signed fee agreement. m' Pre -application Conference Summary (this document). tf Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development Is proposed to occur_ d HOA Compliance form (Attached) E' A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application § 26.470.060(8) Temporary Outdoor Food Vending (attached). C{] A drawing depicting the size of the temporary use (not to exceed fifty (50) square feet). ED A site plan depicting the location of the temporary use. d Proposed signage for the food vending operation. ❑ If applicable, a signed letter from the owner of the business that the temporary use will be operating by or in association with. ❑ Signed letters from those restaurant or retail businesses that the temporary use will be operating adjacent to. 8- A signed letter from the property owner. ❑ Proof of approval from the Environmental Health Department for a food service plan. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional paper copy and one digital copy in PDF format of the complete application packet and ❑ Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 EJ 0 26,470,060.9 Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public property that is subject to an approved mall lease. Additional location criteria: 1) The operation shall be in a consistent location as is practically reasonable and not intended to move on a daily basis throughout the duration of the permit. 2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. 3) The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. b. Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square feet per operation. The area of activity shall be defined as a counter area, equipment needed for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn machine, etc.), and the space needed by employees to work the food vending activity. c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards this calculation. Food carts may have a sandwich board sign in accordance with the regulations found within Chapter 26,510. d. Environmental Health Approval. Approval of a food service plan from the Environmental Health Department is required. The area of outdoor food vending activities shall include recycling bins and a waste disposal container that shall be emptied daily and stored inside at night and when the outdoor food vending activities are not in operation. Additionally, no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills. e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must comply with adopted building and fire codes. Applicants are encouraged to meet with the City's Building Department to discuss the vending cartistand. f. Application Contents, An application for a food/beverage vending license shall include the standard information required in 26.304.030.B, plus the following: 1) Copy of a lease or approval letter from the property owner. 4 0 • 2) A description of the operation including days/hours of operation, types of food and beverage to be offered, a picture or drawing of the vending cart/stand, and proposed signage, 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non-consecutive periods. h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. This shall include, but shall not be limited to, input from the Environmental Health Department, Chief of Police, special event staff, and feedback from adjacent businesses. Unresolved complaints may result in denial of a renewal request. i. Business License. The vending operator must obtain a business license. j. Affordable Housing and Impact Fees Waived, The Community Development Director shall waive affordable housing mitigation fees and impact fees associated with outdoor food/beverage vending activities. k. Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish the general public health, safety or welfare and shall abide by applicable City regulations, including but not limited to building codes, health safety codes, fire codes, liquor laws, sign and lighting codes, and sales tax license regulations. I. Abandonment, The City of Aspen may remove an abandoned food/beverage vending operation, or components thereof, in order protect public health, safety, and welfare. Costs of such remediation shall be the sole burden of the property owner. m. Temporary Cessation. The Community Development Director may require a temporary cancelation of operations to accommodate special events, holidays, or similar large public gatherings. Such action will be taken if it is determined that the food/beverage cart will create a public safety issue or create an excessive burden on the event activities. n. License Revocation, The Community Development Director may deny renewal or revoke the license and cause removal of the food/beverage vending operation if the vendor fails to operate consistent with these criteria. An outdoor food/beverage vending license shall not constitute nor be interpreted by any property owner, developer, vendor, or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26,308 of this Title. Licenses granted in this subsection are subject to revocation by the City Manager or Community Development Director without requiring prior notice. 0 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Tau Qn a As�vi. Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5- Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre -Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code, November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 • Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative —meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces If, in the opinion of the Community Development Director, the project Is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply, All applications must include an Agreement to Pay_ Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090I REC00 RECEIVED DEC 27 2017 CITY OF ASPEN COWfW'41TY DEVELOMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Please type or print in all caps Address of Property: �r��1 1 ��� /���`i " Ave Property Owner Name: 54,— r Representative Name (if dlfferentfrom Property Owner) Billing Name and Address - Send Bills to: Contact info for billing: e-mail: 4, �� fi �f'N `t' r Phone: C7,5 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $, flat fee for $. flat fee for S. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, It Is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: ell - Signature: 11 Jessica Garrow, AICP <- �e �? Lei t (- Community Development Director PRINT Name: J City Use: Title: (t) - C)W ii r �n The r�d 7 �J2 4, (o. %4'L Fees Due: $ Received $ Case # Project Name and Add • RECOVED DEC 2 7 2017 CITY OF ASPEN WNT LAND USE APPLICATION OVA &A C�' Ltc Parcel ID # (REQUIRED) 2 -7 37 1 � a 16 a D 1 A DOI IrA KIT• Name: SfL -1 i -96 L✓it, r Address: Al. ,%� MA o21 7,3- / Z , Phone #: 1 7�i I I ���Z 2,2� / email: n DCCCKITIV ATI%1C- Name: Address: 7 3 �f i+'I t �� �tS�►r.�1( �O l l Phone#: 'i(-(0 6 - U (c q 6 - email: ��p� �51 kk" 41 � �iJ tti Description: Existing and Proposed Conditions 0-1 c :w Lc 6011 e � I ,'9 I` x Review: Administrative or Board Review Required Land Use Review(s): 1� J �/I Growth Management Quota System (GMQS) required fields: 0 t/ /,)00 /1 roaD Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage HH�av{{e you included the following? FEES DUE: $ v E!EfPre-Application Conference Summary r I i Signed Fee Agreement fff HOA Compliance form All Items listed in checklist on PreAppilcation Conference Summary • - • 1 Milum. 1 • 1 1 1.1 Al✓e : ale, 5 0 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist �iLi f<��h (//'/1 CO `,GL l f�c�tJ (1:ipn /jC� L r< Project and Location A, (/ Applicant: Zone District: Gross Lot Area: 8 t Net Lot Area: ZQ Coll "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential Multi -family Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4)RearSetback 5) Side Setbacks 6) Combined Side Setbacks 7) %Site Coverage 8) Minimum distance between building Proposed % of demolition Commercial Proposed Use(s 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback s 7) Side Setbacks Proposed % of demolition Existing Allowed Proposed Existing non -conformities or encroachments: Variations requested: Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback S) Rearsetback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Existing Allowed Proposed November 2017 City of Aspen 1130 S. Galena St. 1(970) 920 5090I 0 41 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the propertV owner or Attorney representing the property owner. Property Name: Owner ("I" ): Emall: Phone No.: (n Address of �D t C��c fit' Vie lD C ell (object of, Ho - application) (C %i '� �'I i ✓e I certify as follows: (pick one) M This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: �� date: Owner printed name: SY-eet,e o 90 W'ee — or, Attorney signature: Attorney printed name: date: November 2017 City of Aspen 1 130 S..Galena St. 1 (970) 920-5090 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you If additional Information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply If the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5, Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing In the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings Include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) November 2017 City of Aspen J 130 S. Galena St. ((970) 920 5090 \] 6. Issuance of Development Order. if the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. it will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed In detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected If due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Proposal I am applying to renew an outdoor vending permit to serve food and beverages out of our approved food cart located on the South East corner of Hyman Ave E. and South Mill St., where we, By The Horn Broth CO. LLC did business as, "The Broth -el", during the winter 2017. Our structure is 9.2' long x 4.92' wide, for a total of 45.26 sq. ft. in size. This year, we plan to use the same approved cart to bring you Slow Groovin BBQ: Menu- Our restaurant operation offers slow smoked meats and homemade side dishes. All of our products are unique and delicious. We source strictly locally and deal with established vendors who have the same passion about quality as we do. Looking at the market in Aspen, we feel locals and tourists alike need a quick affordable quality driven option. The following menu is geared towards basic BBQ and is very easily executed in a small work environment such as a food cart. Main Menu- 1.) Pulled Pork Sandwiches 2.) Beef Brisket Sandwiches 3.) Soup of the Day —Green Chile 4.) Cole Slaw 5.) Mac n Cheese Hours of Operation — Open 5 days a week Wed — Sun Serving Lunch from 11am — 3pm Serving Dinner Late 8pm — 2am Proposed Signage: Proposed signage will be affixed to the front of cart and will be approximately 5.25 sq. ft. • How our operation complies with the Review Standards for Outdoor Food/Beverage 26.470.060.9 Outdoor food/beverage vending license_ a. Location. We are located on private property in the Commercial Core 1) Our operation will be in a fixed location and shall not move on a daily basis 2) Normal operation will not inhibit pedestrians as we have room for a line queue on the concrete pad that is part of the lease private property 3) Operation will not interfere with "emergency egress or pose a threat to public health, safety, or, welfare" b. Size. Our structure is 9.2' long x 4.92' wide, for a total of 45.26 sq. ft. in size. c. Signage. Our signage is compliant with all guidelines set forth. d. Environmental Health Approval. Our food service plan has been approved and we are in good standing with Environmental Health Department. We have recycling bins and garbage cans that are emptied daily and stored inside at night. e. Building and Fire Code Compliance. We comply with all necessary fire codes. f. Application Contents. 1) Copy of lease attached. 2) Description attached 3) Property Survey — all operations are contained on private property g, h, i, j, k, I, m, n — understood • • December 12, 2017 To Whom It May Concern, Stephen Bowler is applying to renew an outdoor vending permit for our food business located on private property on the corner of E. Hyman Ave. and South Mill St., where we plan to bring you BBQ foods. By The Horn Broth Co. LLC will this year bring you Slow Groovin BBQ from our cart located at 401 E. Hyman Ave., Aspen CO 81611. Our signage will read "Slow Groovin BBQ Aspen". The authorized representative will be Emily Whipple, 413 Vine Street, Aspen CO 81611. Cell phone: (860) 306-4631. Sincerely, Stephen Bowler Co -Owner, By The Horn Broth Co. LLC (, Ir�,ic ,•!gip ern m^�Jcyx I I r � �•, �i7.� wll, •'I III' t P t }(:Y: yl3.. __ 1 i 11. 1• ' �?. .j�O,Gp�TfI1R�'li ' ��` I -IIl, n �r If t i 1 1f ��} �� • k} I�, , !I ,k?"'°mnw..,. �L`II�i I ,`' Ni ••T ti,♦,qrd ." 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Hyman Ave Aspen, CO 81611 Legal Description: City and Town Site of Aspen Lot A, Block 89 Parcel #273718216001 12/1312017 401 E Hyman Ave - Google Maps (:70;)gle Maps 401 E Hyman Ave John Denver Soncltror y IV (d} r T... sc` 'ftiof8f'd ir1 k. i�r -- - - Sl Moritz LOdga 'At' ''`_'•. _`^r—��-'- 5� 'r;-' _ _ - _ _ , ;ioil •q , rA+n .. - - ire a -- t :--. -Fat- _-•--. _... ,,.._....... --. ' Metrapolilo+t Rtla Then � t,t. . h nGl ,LiRW_hshl � � , �. � f •� � t'Hg[4!1.1. B �r.�..._..: _ " , 401 East H mun Avenue • � f]6.' .... „Z'ts�,Tv.�-5�:a. _ _ =...-r.'i'E�;�: a'. • y' y�=a�iv'---- - - r�l'.Tho Raxl0nna5_' - Nw—,:,.=; •: :r` ,,.i��`gile._: i;,>u� .Ff7k-+_aS'•1�1_.,:_..,,i@ . i'tw,: [,;T-:v'�n�ra?r:-. :?. :;_t - -- Aapon Art Musouill - �•. �i�.•.�.::...x'=`�s'_''�:I.�e:•i?A:<.:..:r: �: •�...: fl' ::i��q, uysh:•�_ ^'r_--rcF'sxi'e'tat.0.*-� i1L^4: 8ef U! AS On: eCpn' • ! a �7.z:;•; :_t= yT=: u c4:;;h PJ 1) P .P , nr qr j. %lk 'rrt 'fit:; T=:i i s;p; Frks�i?' 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LL xa.-.`sv�r•r,;rr.�,:-5,'4t�d N. i'r .-.Ebpai p.�--._.�..�rl��.,1•%zi..- .S„ruar•,:'_v'.>_.,y<.rt?zr�a�:c_-S":__a.:.l -. 01 we, park, gle-}:==.z_]._�f�Y-s:s- -'.�:` �•"--,a �_ pm;lm':' �Ccnrinndnilirns'-��. -cE`- M��_'-`.<Lr"fiZSl ".;_••�L'�s— r�.�'�- =x1� ir,,_•_ ' �n,:a• -c ,:a�.._ '"`•• "�: ,far.•: .. z t� � - -•`rt,.•4,`,°_:�::� Map data 02017 Google 200 ft 1 401 E Hyman Ave Aspen, CO 81611 bttps:IANww.,00gle.com/rnapslplac.e/401 +E+Hyman+Ave,+Aspen,+CO+81611!@39.1888,189,-1 06.8218619,17z/data=!3m 114b 114m513m411 sOx874039... 112 • • COMMERCIAL LEASE COMMERCIAL LEASE: This Commercial Lease ("Lease") is entered into this day of December, 2017 by and between 401 E. Hyman LLC, an Illinois State limited liability company ("Landlord') and By The Horn Broth Company, a Delaware State limited liability company ("Tenant"). LEASED PREMISES: In consideration of the mutual covenants and agreements set forth herein and in the full Commercial Lease ("Lease") to which this Summary is attached, which Lease is made a part hereof by this reference, Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the following described Leased Premises: approximately 240 square feet of street level rental area at 401 East Hyman Avenue, Aspen, Colorado 81611, ("Leased Premises"). TERM: The Leased Premises are accepted by Tenant in "as is" condition and configuration. TENANT HEREBY AGREES THAT THE LEASED PREMISES ARE IN GOOD ORDER AND SATISFACTORY CONDITION AND THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY LANDLORD REGARDING THE LEASED PREMISES, THE BUILDING OR THE PROPERTY. BASE RENT: • SECURITY DEPOSIT: USE: Tenant shall use the Leased Premises only for the purpose of operating a sales kiosk/shack for food and beverage during the Lease period. The sales kiosk/shack shall be removed from the premises at the end of business on the last day of the Lease Period and the premises shall be left in broom -clean condition. Tenant shall and will only conduct Food and Beverage sales as not to compete or Interfere with other Tenants at 401. E. Hyman. GUARANTY: This Lease shall be fully and irrevocably Guaranteed Jointly and severally by Stephen Bowler, Emily Whipple, and Walter S. Thayer. INSURANCE: Tenant shall carry liability insurance with a minimum of $2,000,000.00 in liability coverage, covering its use of the Leased Space and, if applicable, all-risk insurance covering Tenant's property stored thereon, and shall add Landlord as an additional insured on any such insurance policy. With respect to all insurance coverages maintained by Tenant hereunder, such coverages shall be primary insurance as they apply to Tenant. Tenant assumes all risk and waives all claims it may have against Landlord for damage to or loss of property (including theft) or injury to persons within or about the Leased Space and the Property relating in any manner to the existence, use or operation of Tenant's business, unless resulting from the gross negligence or willful misconduct of Landlord. UTILITIES: Tenant shall have access to electricity at the Leased Premises. Landlord agrees to install and pay for, subject to Tenant's reimbursement as Additional Rent, separate electrical access for Tenant's use, with all costs for permitting, equipment, installation, and any other required expenses to be paid by Tenant with the first monthly rent payment for the first Winter Lease Term. Tenant shall establish a 0 permanent sub -meter on the premises to track Tenant's electric usage at the beginning and at the end of the City of Aspen Utilities monthly billing cycle to determine actual kilowatt hour usage for the billing period and shall pay their portion of the total electric bill on a percent of kilowatt hour used basis. Tenant shall allow the owner of the Art Tee Gallery or any other future Tenant occupying the inside building space at 401 East Hyman Avenue access to the sub -meter to verify electric usage. Tenant agrees that Tenant will not install any equipment which will exceed or overload the capacity of any utility facilities, and that if any equipment Installed by Tenant shall require additional utility facilities, they shall be installed and maintained at Tenant's sole cost and expense in accordance with plans and specifications which have received prior written approval of Landlord and any additional facilities or improvements shall be permitted by the City of Aspen. Landlord's approval of any plans and specifications shall be at its judgment and discretion. LICENSES AND PERMITS: Tenant agrees to obtain and maintain In good standing at all times all legally required licenses and permits and shall comply with all applicable laws relating to or affecting the use or occupancy of the Leased Space. If Tenant is unable to obtain necessary permits from the City to commence operations, this Lease shall be considered null and void and Tenant shall be reimbursed the full amount of Base Rent paid. REPAIR AND MAINTENANCE: Tenants shall keep the Leased Premises in good condition and repair, ordinary wear and tear excepted, Tenant's obligations include, without limitation, repairs to 1) electrical wiring and connections to Tenant's kiosk; ii) alterations performed by contractors retained by Tenant; and lii) snow and ice removal at the Leased Premises. DEFAULT: Tenant shall be in default under the Lease, and the Lease shall automatically terminate If (1) Tenant fails to pay rent for any period within ten (10) days from the date such rent is due, OR (2) Tenant falls to comply with any of the non -monetary terms and conditions of the Lease, and Tenant fails to cure 0 • such breach within ten (10) days or receipt of written notice from Landlord. In the event of any such default, Landlord shall be entitled to any and all remedies available to Landlord at law or in equity, and Tenant shall pay to Landlord, upon demand, all expenses incurred by Landlord in enforcing Its rights and remedies under the Lease, including all attorney's fees. ASSIGNMENT AND SUBLEASING: Tenant shall not assign, sublet this Lease or the Leased Premises without consent of Landlord. INDEMNITY: Except for Landlord's gross negligence or willful misconduct, Tenant agrees to and shall save, hold and keep harmless and indemnify Landlord, from and against any and all liabilities, obligations, damages, payments, penalties, expenses, costs, claims, actions, attorneys' fees and other professional fees that may be imposed upon, incurred by or asserted against Landlord that arise out of or in connection with any damage or injury occurring in the Leased Premises. Tenant agrees to make no claim against Landlord for or on account of any loss or damage by reason of fire or other casualty (including utility breakage or malfunction) except as expressly set forth in this Lease or as may be caused by the gross negligence or willful misconduct of Landlord. Landlord shall not be liable for damage to personal property in or about the Leased Premises unless caused by the gross negligence or willful misconduct of Landlord. This Indemnification clause shall not be construed to create any right of action or basis of claim on behalf of any third party against either party hereto. The indemnity set forth in this Article shall survive the Expiration Date or earlier termination of this Lease. SUBORDINATION; ATTORNMENT; ESTOPPEL CERTIFICATE: This Lease, including the covenant of quiet enjoyment, may, at Landlord's option, be subject and subordinate to the lien of any trust deed or deeds, mortgages, or liens resulting from any other method of financing or refinancing before or hereafter placed upon the Leased Premises, and to all other amounts advanced thereunder or consolidations and extensions thereof; provided, however, that in the event of any foreclosure or other suit, sale or proceeding thereunder, Tenant, if not then in default hereunder, will not be made a party to any such suit or proceeding, and the same shall not affect the rights of Tenant under this Lease. This Article VII is self -operative and no further instrument of subordination shall be required in order to effectuate it. Nevertheless, Tenant agrees to execute such instruments as may reasonably be requested by any beneficiary or mortgagee to evidence and make a record of the fact that this Lease is to be inferior to any such deed of trust or mortgage. If requested by a successor -in -interest to all or a part of Landlord's interest in this Lease, Tenant shall, without charge, attorn to the successor -in -interest. Tenant shall, within ten (10) days after receipt of written request from Landlord, execute and deliver an estoppel certificate to those parties as are reasonably requested by Landlord (including a mortgagee or prospective purchaser). The estoppel certificate shall include a statement certifying that this Lease is unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to the best of Tenant's knowledge, there is no default (or stating with specificity the nature of the alleged default) and certifying other matters with respect to this Lease that may reasonably be requested. COVENANT OF QUIET ENJOYMENT: So long as Tenant is not In default hereunder during the Term and any renewal or extension thereof, Landlord covenants that Tenant shall peaceably and quietly occupy and enjoy the Leased Premises subject to the terms hereof. Landlord warrants and agrees to defend the title to the Leased Premises, and further warrants that it has full authority to execute this Lease. Upon Tenant's vacating of the Leased Space at the end of the Lease Term, Tenant shall peaceably surrender to Landlord the Leased Space, broom -clean and in the condition the same was in on the Commencement Date of the Lease. MUTUAL REPRESENTATIONS AND WARRANTIES: Each party hereby represents and warrants to the other party that (i) it Is duly organized, validly existing and in good standing in accordance with the laws of the state under which it was organized and if such state is not the state in which the Premises is located, that it is authorized to do business in such state; (il) all action necessary to authorize the execution of this Commercial Lease has been taken by it; and (III) the individual(s) executing and delivering this Commercial Lease on behalf of It has been authorized to do so, and such execution and delivery shall bind it. Each party, at the other party's request, shall provide evidence of such authority. This Lease constitutes the complete and final expression of the agreement of the parties relating to the Leased Space and supersedes all previous agreements and understandings of the parties, either oral or written, relating to the Leased Space, This Lease shall be binding upon the parties hereto, their successors and assigns, and shall become effective only after the full execution and delivery hereof by Landlord and Tenant, and receipt by Landlord of Tenant's payment of first month's rent. This Lease shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, Landlord, Tenant, and Guarantors have executed this Commercial Lease: Summary of Business Terms on the day and year first above written. LANDLORD: 401 E. Hyman, LLC, an Illinois state limited liability company By David Silverstein, Owner