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HomeMy WebLinkAboutlanduse case.ud.100 E Main St.1977-ud-1 C"'" I~ M E M 0 RAN DUM TO: Clayton Meyring Dorothy Nuttall Wendt, City Attorney FROM: Planning Office (JS) RE: Clarification of Professional Pharmacies as an Accessory Use to Medical Clinic DATE: Apri 1 11, 1977 There is justification to consider pharmacies as an accessory use to medical clinics and/or offices. Section 24-3.7(a)(l) describes "an accessory use is one that is naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises, and does not change the basic character thereof, as determined by its principal use." Under this definition of accessory uses, pharmades when operated on the same premises as clinics or offices, provide an 'accessory service to the primary clinic function. The concept offers a convenience of "one stop" medical service to the public and potentially reduces traffic congestion and parking problems created by the need to drive to another location for pharmaceutical products. Safeguards against an accessory pharmacy operation expanding beyond is primary service could be controlled by requiring the service to be entirely within the primary clinic/office structure and by preventing any exterior signage or advertising. Any expansion of the accessory use square footage would have to be justified to and reviewed by the building inspector before a bUilding permit could be issued. lmk f~- ~ '-/':- -"_"~~"-""-'--""",..'~ i"'\ i ~~~ ~\ \:,~ . 1"""\ (' 130 soul '! aspen, (~otOjl' Hi~nlling Department " L,~ ~ street Ji 81611 ASPEN IPITKl}\~ / April 11, 1977 The Aspen Clinic P.C., Ltd. 100 East Mai n Street / Aspen, Colorado 81611 / ATTENTION: H.C. Whitcomb, Jr., M.D. Dear Dr. Whitcomb: ile have reviewed your request with respect to the propriety of conducting a pharmacy operation in the Aspen Clinic Building and find that such a use, if properly conducted, could be justified under the existing zoning code as an accessory use to the existing clinic. The City Code provides, under Section 24-3. 7(a) (1) "An accessory use is one that is naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises, and does not change the basic character thereof, as determined by its principal use." In short, this section of the Code allows us administratively to determine that the pharmacy in question may be allowed under the existing zoning for the area. As is obvious from the language in the Section, our major con- cern would be to insure that the pharmacy would be totally subordinated to and supportive of the basic clinic use. The approximately 300 square feet that you cite in your letter would certainly insure that the pharmacy would be subsidiary to the clinic operation; and upon a showing ofa floor plan of the location of this facility, I feel certain that we could make an administrative determin- ation between planning and building inspection to allow the pharmacy to take place without public hearings or additional reviews. Your letter mentioned attached plans, which were not included, and upon our review of these plans, I am sure that we could give you a final letter authorizing the provision of this service. . By copy of this letter, we are seeking a concurrence of Clayton Meyring, the City Building Inspector. ..,..-::' . ,-, """', Dr. H.C. Whitcomb Page Two April 11. 1977 Upon presentation of the plans mentioned, I feel certain that we can give you final authorization to proceed with the project with no zoning problems presented. Sincerely, /)yL/3~ Hi 11 iam G. Kane Planning Director / / 1mk cc: Clayton Meyring Dorothy iJutta11 Hendt, Esq. Mick r'1ahoney ,-., ,....." TIoo~ ill@~~~ ~[~~~~ ~,~, [TIrn, 100 EAST MAIN STREET ASPEN, COLORADO 81611 AREA CODE 303 PHONE: 925.4400 V. A. GOULD, M.D. PHYSICIAN-SURGEON R. R. aDEN, M.D. R. E. KI RK, M.D. ORTHOPAEDIC SURGERY H. C. WHITCOMB, JR., M.D. B. D. MINK, M.D. INTERNAL MEDICINE C. O. WI LLlAMS, M.D. A.J. RUBIN,M.D. FAMILY PRACTICE R. G. TEFFT, M.D. PEDIATRICS J. A. PHILPOTT,JR" M.D. DERMATOLOGY R. W. RIGG. M.D, OPHTHALMOLOGY S, E. CRISTANELlI CLINIC MANAGER April 5, 1977 Aspen Planning and Zoning City Ha 11 Aspen, Colorado 81611 Attn: Mr. Wi 1 I iam Kane Dear Mr. Kane, We, the physicians, at the Aspen Clinic want to establish a professional pharmacy in the clinic. A pharmacy in the clinic would be a valuable and needed service to our patients, our physicians, and the community. The pharmacy would help complete the clinic's, "one stop" medical service that we are trying to provide for our patients. Our one stop cl inic service would el iminate the need for our patients to drive and park allover town to obtain complete medical services. The pharmacy would also keep patients pro- files, allergic drug records, and provide the other dispensing serv ices of a pha rmacy. The pharmacy would occupy approximately 300 square feet in the building, see attacheo plans. The purpose of this letter is to a pha rmacy in the c 1 in ic . as we would like to start the to ~larify the zoning in regards We would appreciate your opinion, project as Soon as possible. Sincerely, THE ASPEN CLINIC P.C., LTD. ~.c.~u...\.~o..o . H.~~comb, Jr., M.D. Bt6~k, M.D. V.A. Gould, M.D. R.R. Oden, M.D.. J. Weaver, M.D. R.E. Kirk, M.D. J. Freeman, M. . R.G. Tefft, M.D. J.A. Philpott, M.~ HCW: cb Enc. P.S. We want to re-emphasize teat the Aspen Clinic physicians will not have ownership or any other specific economic interests in the pha rmacy. /!Uf), """" . f' jjj{-