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HomeMy WebLinkAboutcoa.lu.tu.Johnny McGuire's 730 E Cooper Ave.A033-99PN: 2737-182-27004 Case A033-99 Johnny McGuire's Temporary Use Permit I i Olorctftl llgrdo 3tllA)j*4 'A MOA11191r4*5 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: f ;U 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. w TOTAL NAME: - ADDRESS/ PROJECT: PHONE: -1 1•- CHECK# CASE/PERMIT#: A ' I # OF COPIES: DATE: s/' INITIAL: �'32> oo�t CASE STATUS SHEET Case # 4633 2 Case Assigned To: 8, k,� #Q u-j Representative's Name: Phone: O- :5S Fax: Activity: Date Assigned: 3 Date Applicant Contacted: Date of Site Visit: Date of Determination of Completeness Date of DRC Meeting: P&Z Date(s): HPC Date(s): Council Date(s): Date Action/Activity 0 0 PARCEL ID: 2737-182-27004 PROJ ADDR: 730 E. Cooper CASE TYPJ Tempoary Use Permit OWN/APPI Terrance McGuire ADR 730 E. Cooper CIS/Z: Aspen, CO 81611 PHN: 920-9255 REP: ADR: C/S/Z: PHN FEES DUE: 160 (eh) + 460 (d) FEES RCVD:j620 STAT: REFERRALS r MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTIObL�� REMARKS CLOSED: BY: Cy?k MITD:� PLAT (BK,PG): ..� CITY COUNC ..,.n.. ADMIN ��y 0 • MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Planning Technicians RE: Johnny McGuire's—Extension of Amended Temporary Use Permit DATE: April 20, 1999 John Hoffinan and Terrance McGuire, owners, are requesting an extension of the approved Temporary Use Permit to erect 10'x 20' tent, with sides, in front of Johnny McGuire's, 730 East Cooper Avenue, for an additional seven (7) days of operation while the restaurant undergoes construction. The applicant is asking to use a day on either side of the allotted time period for setting -up and taking -down the tent. Attached is the original amended application dated April 16, 1999 containing conditions of approval, and signed by Joyce Ohlson. The Community Development Director may extend a Temporary Use Permit for an additional seven (7) days as outlined in Section 26.96.050. Staff recommends approval of the extension of the Temporary Use Permit with the following conditions: 1. All conditions of approval on the original permit dated April 16, 1999 will continue to be met for the duration of the extension. 2. This temporary use permit cannot be extended again through administrative approval. Any further extensions must be approved by City Council. APPROVAL: I hereby approve the extension of this Temporary Use for seven (7) days; for a tent at Johnny McGuire's, 730 East Cooper Avenue, upon issuance of a building permit and commencement of construction with the conditions listed above. Date yi ie Ann Woods, CommunityDevelopment ment�r ATTACHMENTS: Exhibit A —Staff Memo dated April 16, 1999 Exhibit B—Letter from Johnny McGuire's • • &- h►b►t 4 MEMORANDUM TO: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Sarah Oates, Planning TechniciarrIg 0 RE: Johnny McGuire's—Amended Temporary Use Permit DATE: April 16, 1999 Terrance McGuire, owner, is requesting a Temporary Use Permit to erect 10'x 20' tent, with sides, in front of Johnny McGuire's, 730 East Cooper Avenue, for seven (7) days of operation while the restaurant undergoes construction. The applicant is asking to use a day on either side of the allotted time period for setting -up and taking -down the tent. This application has also been referred to Jannette Whitcomb in Environmental Health and Ed VanWalraven of the Fire Department whose comments and guidelines are attached and incorporated in the conditions of approval. The tent will occupy one of the parking spaces in front of the subject business (see Exhibit C), which has been approved by the owner of the building. The tent will not block any emergency access points and, assuming a building permit is required, should not pose any health or safety threats. The Community Development Director may approve Temporary Use Permits not exceeding seven days. In accordance with Section 26.96.020, an insubstantial temporary use permit may be authorized by the Community Development Director provided the criteria in 26.96.030 have been met. An analysis of these criteria are attached in Exhibit A. Staff recommends the Director approve the Temporary Use of a tent in front of Johnny McGuire's with the following conditions: The tent shall be in place and in use for no longer than seven (7) days of operation while the restaurant undergoes construction. The applicant may use a day on either side of this time frame to set-up / take -down the temporary structure. 2. The applicant shall comply with Air Quality: Sections]1-2.1 of the Municipal Code of the City of Aspen. 3. The applicant shall comply with Noise Abatement: Section 16-1 of the Code. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of lam and 1 Opm. 4. The menu is limited to hot and cold sandwiches, cookies and bottled beverages. E 5. The use of a stovetop grill and oven are permitted as long as the following provisions are met: a. At least one (1) fire extinguisher is on hand in the tent. Heat sources must be at least 10' away from the exit. C. Heat sources must be at least 10' away from any combustible materials. 6. All potentially hazardous foods, such as meats and cheeses, must be kept at 41 ° F or less in an approved coldtop refrigerator and/or stored in ice. 7. All cooked food must be kept at 140 ° F or above. 8. All cooking operations must be controlled so they do not create a nuisance. If the Environmental Health Department receives any odor complaints, then the facility must control the odor by ceasing those operations that produce the odor. 9. Sanitation buckets, with an approved concentration of sanitizer, must be present and used for wiping cloths and in -use utensils. 10. An approved temporary handwashing set-up must be located inside the tent and used as needed to prevent contamination of food from the employees' hands (see attachment for an example). 11. All warewashing must be conducted in the facility's approved dishwashing facility, located downstairs in their existing business. 12. All waste water, such as water from the sanitation buckets, must be property disposed of in their mop sink. 13. All equipment must be maintained in a sanitary manner. Keep the tent clean and free of grease. 14. Applicant must protect food and food contact equipment from the potential contamination of animals and insects. Remove all food from the tent at the end of each day. Store food and food contact equipment, such as utensils and paper goods, inside the building at the end of the day. 15. This Temporary Use Permit may be extended for seven (7) additional days only (total of 14 days) provided the applicant asks for the extension in writing three (3) days prior to the initial expiration. APPROVAL: I hereby approve this Temporary Use for seven (7) days; for a tent at Johnny McGuire's, 730 East Cooper Avenue, upon issuance of a building permit and commencement of construction with the conditions listed above. V , Date i0 CI Jo e Ohlson, Deputy Director Community Development Department 2 • ATTACHMENTS: Exhibit A —Review Criteria and Staff Findings Exhibit B—Application Exhibit C—Site Plan Exhibit D—Environmental Health Memorandum 0 E-'4' �' 1, � 6 w�LL;'NE John Hoffman v" 730 E. Cooper Ave Terrance McGuire Aspen, Colorado 81611 Owners V (970) 920-9255 -T V\ S C)UV- oVI\ � -� -R'4�2 V- G� t. --P r WN 1 t) t'I (CDe14 1 �S 4-1-) 64 �� k ^ d" ..... ..... J� f Af 7L" ME& CHAPTER 10 TEMPORARY RETAIL FOOD ESTABLISHMENTS 10-1 TEMPORARY RETAIL FOOD EST.4BLISFCgENTS 10-101 General A temporary retail food establishment shall comply with the requirements of these rules and regulations, except as otherwise provided in this chapter. A list of menu items used by the operator shall be submitted to the Department. The Department may impose additional requirements to protect against health hazards related to the conduct of the temporary retail food establishment and may prohibit the sale of some or all potentially hazardous foods. When no apparent health hazard will result, the Department may waive or modify requirements of these rules and regulations. 10-102 Restricted Operations A. These provisions are applicable whenever a temporary retail food establishment is permitted, under the provisions of section 10-101 of these rules and regulations, to operate without complying with all the requirements of this part. *B. Only potentially hazardous foods requiring preparation limited to seasoning and cooking shall be served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards and similar products, salads or sandwiches containing meat, poultry, eggs, or fish, is prohibited unless approved, and adequate equipment and facilities are provided. This prohibition does not apply to any potentially hazardous food prepared and packaged under conditions meeting the requirements of these rules and regulations, obtained in individual servings, stored at a temperature of 41°F (5°C) or below, or at a temperature of 140°F (60°C) or above in facilities that meet the requirements of these rules and regulations, and is served directly in the unopened container in which it was packaged. *10-103 Ice Ice that is consumed or that contacts food shall be made under conditions meeting the requirements of these rules and regulations. Ice obtained off site shall be only in chipped, crushed, or cubed form and in single -use safe plastic or wet -strength paper bags filled and sealed at the point of manufacture. 10-104 Equipment A. Equipment shall be located and installed to prevent food contamination and to facilitate cleaning the establishment. B. Food -contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Effective shields for such equipment shall be provided as necessary to prevent contamination. 0 • 10-105 Single -Service Articles All temporary retail food establishments which do not have approved facilities for cleaning and sanitizing tableware shall provide only single -service articles for use by the consumer. *10-106 Water A sufficient quantity of potable water shall be available for food preparation, cleaning and sanitizing utensils and equipment, and handwashing. A heating facility capable of producing adequate hot water for these purposes shall be provided on the premises. 10-107 Wet Storage The storage of packaged food in contact with water or undrained ice is prohibited. *10-108 Waste All sewage, including liquid waste, shall be disposed of according to law. Drainage from clean potable ice can be discharged onto the surface of the ground provided it does not create a nuisance. (*10:4?O91andwashing A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of warm running water, soap, and individual paper towels. 10-110 Floors i Floors shall be constructed of concrete, asphalt, tight wood, or other similar material kept in good repair. Dirt or gravel, when graded to drain, may be used as sub -flooring when covered with clean, removable platforms or duckboards, or covered with wood chips, shavings, grass or other suitable materials to control dust. ( BUST �rOvlc� P"�ek-- °u`'`9-t 10-111 Walls and Ceilings of Food Preparation Areas A. Ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather. Walls and ceilings of food preparation areas shall be constructed in a way that prevents the entrance of insects. Doors to food preparation areas shall be solid or screened and shall be self -closing. Screening material used for walls, i doors, or windows shall be at least 16 mesh to the inch (16 mesh to 25.4 mm). B. Counter -service openings shall not be larger than necessary for the particular operation conducted. These openings shall be provided with tight -fitting, solid or screened doors or windows, or shall be provided with fans installed and operated to restrict the entrance of flying insects. Counter -service openings shall be kept closed, except when in actual use. Screening of walls, doors and outer openings do not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition. SCE- 67 d-t) w /\- L-1 — C �c ��_ 6 0 C'u- �— • MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Planning Technician--*" RE: Johnny McGuire's—Temporary Use Permit DATE: April 12, 1999 Terrance McGuire, owner, is requesting a Temporary Use Permit to erect 10'x 20' tent, with sides, in front of Johnny McGuire's, 730 East Cooper Avenue, for seven (7) days of operation while the restaurant undergoes construction. The applicant is asking to use a day on either side of the allotted time period for setting -up and taking -down the tent. This application has also been referred to Jannette Whitcomb in Environmental Health, whose comments and guidelines are attached and incorporated in the conditions of approval. The tent will occupy one of the parking spaces in front of the subject business (see Exhibit C), which has been approved by the owner of the building. The tent will not block any emergency access points and, assuming a building permit is required, should not pose any health or safety threats. The Community Development Director may approve Temporary Use Permits not exceeding seven days. In accordance with Section 26.96.020, an insubstantial temporary use permit may be authorized by the Community Development Director provided the criteria in 26.96.030 have been met. An analysis of these criteria are attached in Exhibit A. Staff recommends the Director approve the Temporary Use of a tent in front of Johnny McGuire's with the following conditions: The tent shall be in place and in use for no longer than seven (7) days of operation while the restaurant undergoes construction. The applicant may use a day on either side of this time frame to set-up / take -down the temporary structure. 2. The applicant shall comply with Air Quality: Sections] 1-2.1 of the Municipal Code of the City of Aspen. No outside cooking will take place, and only cold sandwiches will be prepared and served during this Temporary Use. 3. The applicant shall comply with Noise Abatement: Section 16-1 of the Code. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of lam and 1 Opm. 4. The applicant's menu is restricted to cold sandwiches, cookies and bottled beverages. 5. All potentially hazardous foods, such as meats and cheeses, must be kept at 41 ° F or less in an approved coldtop refrigerator and/or stored in ice. 6. Sanitation buckets, with an approved concentration of sanitizer, must be present and used for wiping cloths and in -use utensils. 7. An approved temporary handwashing set-up must be located inside the tent and used as needed to prevent contamination of food from the employees' hands (see attachment for an example). 8. All warewashing must be conducted in the facility's approved dishwashing facility, located downstairs in their existing business. 9. All waste water, such as water from the sanitation buckets, must be property disposed of in their mop sink. APPROVAL: I hereby approve this Temporary Use for seven (7) days; for a tent at the Johnny McGuire's, 730 East Cooper Avenue, upon issuance of a building permit and commencement of construction with the conditions listed above. 1 `Vim.% Date_�IW,, J e Ann Woods, Community Development Director ATTACHMENTS: Exhibit A —Review Criteria and Staff Findings Exhibit B—Application Exhibit C—Site Plan Exhibit D—Environmental Health Memorandum 2 MEMORANDUM To: Sarah Oates, Community Development Department annette Whitcomb Environmental Health From: ] Specialist Date: April 6, 1999 Re: Johnny McGuire's Temporary Use Permit The Aspen/Pitkin Environmental Health Department has reviewed the Temporary Use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. WATER QUALITY IMPACTS: Section 1 1-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." At this time, the Environmental Health Department does not have any concerns about water quality impacts from this Temporary Use. AIR QUALITY: Sections 1 1-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". Control all cooking operations so they do not create a nuisance. If this Department receives any odor complaints, then the facility must control the odor by ceasing those operations that produce the odor. 1, NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction and operation, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. Under the Use District "Commercial" noise levels cannot exceed 65dB(A) during the day (7 a.m. - 10 p.m.). FOOD SERVICE FACILITIES The temporary structure and use must comply with the 1999 Colorado Retail food Establishment Rules and Regulations, specifically with Section 10-101 to 10-1 1 1(Chapter 10). This facility's menu is restricted to hot & cold sandwiches, cookies and bottled beverages. All potentially hazardous foods, such as meats and cheeses, must be kept at 41 OF or less in an approved coldtop refrigerator and/or stored in ice. Maintain all cooked foods at 1401 or above. Sanitation buckets, with an approved concentration of sanitizer, must be present and used for wiping cloths. An approved temporary handwashing set-up must be located inside the tent and used as needed to prevent the contamination of food from the employees' hands. The water in the storage container must be warm. See the attachment for an example of what a temporary handwashing set-up may look like. Conduct all warewashing in the facility's approved dishwashing facility, located downstairs in their existing business. Properly dispose of all waste water, such as the water from the sanitation buckets and handwashing, in a mop sink. Maintain all equipment in a sanitary manner. Keep the tent clean and free of grease. Protect food and food contact equipment from the potential contamination of animals and insects. Remove all food from the tent at the end of the day. Store food and food contact equipment, such as utensils and paper goods, inside the building at the end of the day. bit MEMORANDUM To: Sarah Oates, Community Development Department From: Jannette Whitcomb, Environmental Health Specialist Date: April 6, 1999 Re: Johnny McGuire's Temporary Use Permi ^` The Aspen/Pitkin Environmental Health Department has reviewed the Temporary Use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. WATER QUALITY IMPACTS: Section 1 1-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." At this time, the Environmental Health Department does not have any concerns about water quality impacts from this Temporary Use. AIR QUALITY: Sections 1 1-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". Terrance McGuire and I discussed and agreed that no outside cooking would take place; only cold sandwiches will be prepared and served during this Temporary Use. Therefore, at this time, the Environmental Health Department does not have any concerns about air quality impacts from this Temporary Use. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public i peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction and operation, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. Under the Use District "Commercial" noise levels cannot exceed 65dB(A) during the day (7 a.m. - 10 p.m.). FOOD SERVICE FACILITIES The temporary structure and use must comply with the 1999 Colorado Retail food Establishment Rules and Regulations, specifically with Section 10-101 to 10-1 1 1(Chapter 10). This facility's menu is restricted to cold sandwiches, cookies and bottled beverages. All potentially hazardous foods, such as meats and cheeses, must be kept at 41 OF or less in an approved coldtop refrigerator and/or stored in ice. Sanitation buckets, with an approved concentration of sanitizer, must be present and used for wiping cloths and in -use utensils. An approved temporary handwashing set-up must be located inside the tent and used as needed to prevent the contamination of food from the employees' hands. See the attachment for an example of what a temporary handwashing set-up may look like. All warewashing must be conducted in the facility's approved dishwashing facility, located downstairs in their existing business. All waste water, such as the water from the sanitation buckets, must be properly disposed of in their mop sink. Z • 0 Exhibit A 26.96.030 Criteria Applicable to all Insubstantial Temporary Uses When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: The Temporary tent will be 10' by 20' with walls, and will occupy one parking space adjacent to the current building. Staff does not foresee any problems with the operating characteristics or visual impacts of the tent. B. The compatibility of the proposed temporary use with the character, density and use structures and uses in the immediate vicinity. Staff Finding: The tent is not expected to create any character or density problems for the area. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The tent will occupy the area currently used for parking. It will not alter pedestrian movements. The tent will eliminate one parking space from in front of the current business. The parking spaces are also used for two other businesses, but permission has been granted by the owner of the building for the use of the space. The use is compatible with other downtown land uses. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The applicant is requesting a Staff level approval for a seven day temporary use. This will be a one time request while the restaurant undergoes construction. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The Commercial Lodging (CL) zone district allows commercial businesses on the first floor of lodges. The placement of the tent in front of the current business is consistent with the purposes and intent of the zone district. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding: There are no changes in the surrounding land uses that would prohibit this tent. • • G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: The Environmental Heath Department has reviewed the application, and related conditions of approval are included in the Temporary Use approval. These conditions will ensure the public health, safety and welfare of the community. Don ict—re • LAND USE APPLICATION Name: Location: CQC9��.SZ� (Indicate street address, lot & block number, legal desc Aption where appropriate) APPLICANT: Name: Address: Phone 4: q 2-0 REPRESENTATIVE: Name: Address: Phone #: T rt Ur MrrLltoA I IUIV. tp1C:i 5U l i1Cl x W1 UluL appl V ). Conditional Use Conceptual PUD Conceptual Historic Devt. 0 Special Review 7 Final PUD (& PUD Amendment) Final Historic Development 0 Design Review Appeal ❑ Conceptual SPA Minor Historic Devt. 0 GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition 7 GMQS Exemption Subdivision Historic Designation 7 ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom iniumization) Expansion Mountain View Plane Lot Split Temporary Use Other: Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents Response to Attachment # 4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application ._� _ I FEES DUE: S (4?n �Q90 0 0 Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area. Lot Area may be reduced for areas within the h',ah water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing.- Proposed: Z Od Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing.- Allowable: Proposed - Principal bldg. height: Existing: Allowable: P-osed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required • Proposed: t % Open Space: Existing: ,Required: Proposed: Front Setback: Existing: -_,%Required: Proposed: Rear Setback: Existingf<<' Required: Proposed: Combined F/R: Ex�dng: Required.• Proposed: Side Setback: xisting: Required: Proposed. Side Setb Existing: Required.• Proposed: Combin Sides: Existing: Required: Proposed: E ' ing non -conformities or encroachments: Variations requested: • Attachment 5 Review Standards: Application for Temporary Use Section 26.96.030 When considering a development application for a temporary use. City Couneil shall consider, among other pertinent factors, the following criteria as thev, or anv of them relate thereto. A. The location, size, design. operating characteristics, and visual impacts of the proposed use. sa B. The compatibility of the proposed temporary use with the character. density and use of structures and uses in the immediate vicinity. 5�e C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic a1 patterns, municipal services, noise levels, and neighborhood character. tj 00C. � D. The duration of the proposed temporary use and whether a temporary use has previously C been approved for the structure, parcel, property or location as proposed in the a plication\`S E. The purposes and intent of the zone e ttrict in which the' mpor use is pro d. V`�Y S.E 1 How the proposed temporary use will enhance or dimuush the general public health, safety or welfare. N d A S I-P att5\tempuse.doc 0 • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) ands (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application forte (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 431 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application com teness, APPLICANT shall pay an initial deposit in the amount of S.�which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT 0 mmuni tyevelopm"ntir City of Aspen Signature C 'A—'. Date: Printed Name: flailing Address: L(. 9G.o30 4 lu e 3 -z� O-Q, a.- O-U� 4c wp o- � O � x ZO � wLj, u.Ak", cs-wSba" Q0,74" " ecy-i-. fjidi1�R-l. 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