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HomeMy WebLinkAboutcoa.lu.ud.Le Cuisinier.1979 .," . ,~\ "-.,, M E M 0 RAN DUM TO: Aspen city Council FROM: Richard Grice, Planning Office RE: Definition of Commercial Bakery . ~,~ DATE: January 4, 197~ The presence of the high volume and high traffic Trueman Center adjacent to the S/C/I zone has resulted in a dramatic increase in the pressure for 'rup-grading)l' in the S/C/l Zone district. Requests abound for new quasi'" service-commercial uses because it is apparent that the lower Mill Street area will soon emerge as a high traffic area and therefore an attractive one for retail operations. The S/C/I Zone was created as a haven for those uses which do not require high traffic for survival, The low rent which has historically been charged ~ the Mill Street Venture Building.. (7;50 per square foot) is a function c\- the same low traffic. 4&Annual rental R.Al\ ~~_square foot in the CC Zone are commonly in the 18 to 20 dollar range,~n a town such as Aspen with a growth rate of 1.5% surrounded by. ( ~ Cou~t~ zoned agricu~tur~l-forestr~ with laf.ge lot zoning it is absolutel~ ".'"'v\. I lmper1~lve.that we mal~t~ln our zomn9 ~ode.~f we do not make our use /'(, . ~"-i~., \ determlnatlOn and condltlonal use declslons wlth a clear set of standards l~)..~ \,." \ in mind, then our code is tossed around without direction or purpose, VJ\ ~.. t(!,."", (Sf What is happen ing in the S/C/l zone is a very natural trend in the free- . ~t.~,r.:U.. market, that is, up-grading towards the highest and best use, Without , 'p"" zonin9' a use which.is ~n a location out of the high traf!ic area during ~;~t~ '';\-.1.. ,a.-pe,r-looo-f "un-grad,'I-nft"4's"'Sl1lW',.".,~"".h",;l~etlt4rr'tt1'e"~a-nd-'I'n-g"-clema:nd-,-'a J ; oj..- ....1'"' '''~ J jJU.;JTf'1:;;'U.. '.' ~. .~~ ^t;J~)J""J..,t."'{ Ci:t:Y--W-;.tfl(Hlt,z.Qnin~'G-r-~iilllitdtiolls can be e)q'Hl<>.ted.~a..l-+:y..to ,~~..~. ,I' J' ~c;t...-i-n--e';'I'-e-l-es--~twa;oG, Thi s trend towards"hi ghest and best use" needs S_I}\,y,;,,!..LI \~'V,~ to be recogni zed as a growth pressure, 1IiI' .AJ',,<:L.:t" ,,",. ,.(I The Growth Management Plan has as one of its goals~balance between new business';'!> population, housing, community facilities, and skiing, If in..the administrative process, we were to eliminate any major segment of our economy, then our balanced population will not have its balanced demands satisfied. A population with unsatisfied demands is an extreme growth pressure. In order to avoid a backlash which would be devasting to growth management and to those quality of life style goals which were identifed by this community years ago, we need to be extremely careful to make our zoning work. The definition of commercial bakery as it exists in the Aspen Municipal Code today, makes a careful distinction of the perameters of commercial bakeries. The distinction of course prohibits retail dispensing of baked goods. It was initiated through a special code amendment in November, 1975, permitting only non-retail commercial bakeries in the S/C/l Zone district. The amendment was prompted by a request from George Sells to locate a commercial bakery in the building adjacent to the Rio Grande. The consences of P&Z opinion was that the use was appropriate and consis.- tent with other uses if it was non-retail and that the Code should be amended to pennit it. The particular condition!prohibiting retail sales is more logical for commercial bakery uses in that bakeries are more easily converted to high volumne retail trade. People are likely to stop by to pick up some desserts if the location is at all conveinent, The location of the Mi 11 Street Venture Bui 1 ding adjacent to the Trueman Center has already resulted in a lot of traffic in the area. In the event this defin- ition is changed, we can expect rental rates in the Mill Street Venture Building to increase to the 8.50 per square foot rate currently charged in the Trueman Center. This is exactly what we are trying to avoid. Although Mr. Sells request had been for a use that was 95% wholesale and 5% retail, Bill Kane argued that the area was inappropriate to handle the traffic generated by commercial-retail uses. Since the adoption of the restrictive definition for commercial bakeries/ several other applications for retail dispensing of baked goods in the S/C/I zone have been administratively denied. Tom Dunlop tells me that " r-- .~ in October of 1977 a company called Mathilda's Hot Bread Company of Georgia requested permission to manufacture bread produc~ts in the S/C/I zone and to sell those products on permises. The Building Inspector denied them a business license under those conditions. Sub- sequently the owners of the business a~iuired additional space in the Brand Building in the CC Zone and plan~~o do their retailing out of that location. This involved a departure from the guidelines of the franchise in that bread products could not be transferred from the S/C/I zone to the Brand Building without first being placed in plastic bags. This was a sanitation requirement made by Tom Dunlop, Furthermore, as they were displayed in the Brand Building, Tom required that they further be displayed in plastic 'bags. So this company required space in two locations as a result of the administration of the zone by the building inspector. P and Z recently turned down a request to permit a limited food service/coffee shop in the S/C/I zone on the grounds that it would foster erosion of the zone, They were concerned that use of this coffee shop could not realistically be limited to the employees who work on premises but would result, once again, in increased traffic into the zone. The proposed new definition now comes to Council for second and final reading. We recommend that Council not adopt the new definition. The current prohibition on over-the-counter baked goods sales is appropriate, whether the baked goods are an individual cheese danish or a whole chocolate rum tort, as offered by Le Cuisionier. It is the intrusion of this type of retail activity which will deteriorate the S/C/I and outcompete the uncompetitive service commercial and industrial uses. Le Cuisionier is permitted in theS/C/I today; in fact, they have secured all building permits and business license approvals, provided they comply with the current definition. Their retail end should be conducted in those zones here it is currently allowed (Commercial Core and Neighborhood Commercia as they were advised when they first applied for a business license. here is a new bakery going into the Trueman Center where it belongs so the public's demand for baked goods in that area will be satisfied. We suggest that if teCuisionier feels that they need and must have a commercial outlet, they go into one of the zones where it is an allowed use and open up a retail outlet in much the same way as Delice Bakery has done, Delice, as you know, conducts its wholesale/manufacturing operation in the Airport Business Center and has its retail outlet in town. This situation works fine for Delice as retail sales are prohibited in the Airport Business Center and wRBxexax manufacture is prohibited in the Commercial Core, The code amendment is at best premature and should be preceded by a careful redefinition of the S/C/I zone, '" ,I""'. .~ ,,-" ',' SACHS KLEIN & SEIGLE JEFFREY H. SACHS HER8ERT 5. Kl.EIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 (303) 925.6813 DENVER OFFICE: 1660 LINCOLN ST.-SUITE 1518 DENVER. COLORADO 80264 (303) 861_2493 October 24, 1978 .~'\s. Karen Smi th Planning Director City/County Planning Office 130 South Galena Aspen, Colorado 8l6ll RE: Le Cuisinier, lnc./Amendment of Definition of Commercial Bakery Dear Karen: On behalf of Le Cuisinier, Inc" I would respectfully request that you and your staff initiate an amendment to the Zoning Code, which would amend the present definition of "coJ:!JlO'.ercial bakery" which appears in Section 24-3.1 (bb) of the Code to allow a "commercial bakery" to engage in limited over-the-counter sales of goods produced on the premises. The definition, as it now exists, precludes not only retail over-the-counter sales but all retail dispensing of goods baked on the premises. I do not believe that the latter was truly intended by the authors of the Code, as in a City of the size of Aspen, this would effectively preclude any bakery in the s/e/l zone, as a pure wholesale bakery cannot be supported by the population base of this City, This is further borne out by the recent approval of the Pizza Runs use of a retail home delivery service, which is expressly prohibited by the definition of "commercial bakery" as it presently exists. The former pro- hibition is inconsistent not only with the nature of wholesale bakeries in general but also the S/C/I zone as it now presently exists. ~~st, if not all, wholesale bakeries have a limited retail out- let to allow vending of their fresh baked products to the general public. These operations are ancillary to the baker's primary function of baking for the wholesale market, but nevertheless it is a "service" offered to local residents who desire to take advantage of it. Further, the definition of H cormnercial bakery" as it appears in the S/C/I zone is an anomaly, because for no other designated use, is there an attempt to define the potential ,~. ,-, Hs. Karen Smith Page Two October 24, 1978 market, Rather, it is the nature of the use that determines if the market is wholesale or retail. There seems no justification for legislative determination of the market for one designated use and not the remaining uses. In this respect, it is clear from the nature of the businesses as presently existing in the S/C/I zone, that retail marketing of goods is not only not prohibited, but is dominant in the zone (please refer to the memorandum prepared by Le Cuisinier, Inc. for the October 17th meeting of the Planning and Zoning Commission which is attached hereto and which sets forth the other businesses of the Mill Street Venture and their predominate markets). It certainly was not the intent of the authors of the SICII zone to preclude retail operations in that zone and there appears to be no rationale basis for the prohibi- tion on a "commercial bakery'" engaging in over-the-counter sales. As outlined in the memorandum, Le Cuisinier, Inc, will primarily be engaged in the wholesale production of baked goods and other specialty foods. As an ancillary operation to its primary function, Le Cuisinier, Inc. would like to sell its product, including baked goods over-the-counter. As evidenced that such retail sales are incidental to the wholesale operation, the baked goods would be sold whole as opposed to in pieces, packaged, and no on-.site consumption would be permitted. There would be no beverages sold and no seating available on the premises. Only a small percentage of space woulc be allocated to the retail operation. As outlined above, I feel that Le Cuisinier's activity is consistent with the intent of the authors of the Zoning Code in designating the S/C/I zone and would not be in derogation of the special function that zone is intended to play. 'fhe limited retail use is clearly consistent with limited commercial purposes as defined in the intention of the S/C/I zone and also is a customary accessory to the wholesale bakery business, which likewise falls within the intention of the authors of the zoning code. I believe that a "commercial bakery" can be defined in such a way as to further the intent of the zone and allow a business operation that is consistent with the overall purpose of the zone. I offer the following definition of "commercial bakery" which embodies the discussion above: "commercial bakery" a bakery that is primarily engaged in the wholesale production of baked goods. A commercial bakery may engage in limited retail over-the-counter sales of baked goods provided: . ~ ,-, Ms. Karen Smith Page Three October 24, 1978 l.} That said retail sales is ancillary to the primary activity of the con~ercial bakery; 2,} That all goods sold are baked on the premises; 3,} All goods sold are packaged;_and 4.} No on-site consumption of baked goods is permitted. This definition assures that a bakery permitted in the S/C/I zone will primarily be engaged in a wholesale production, but it allows a limited retail sales which is consistent with customary accessory uses of wholesale bakery. I appreciate your review of Le Cuisinier's request for amendment of the definition of the "'commercial bakery" in your comrnents. I am hopeful that this letter and/or the content hereof can be the subject of discussion in the next Planning and Zoning Meeting and that an appropriate motion will be made amending the definition. I appreciate the assistance and cooperation that your office has extended to Le Cuisinier and myself to date in this matter. Sincerely yours, SACHS, KLEIN & SEIGLE By lmk cc: Le cuisinier ~ '-" M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Le Cuisinier & Your Pizza Run - Use Determination DATE: October 11, 1978 On Tuesday, you will be asked to review two letters requesting Use Determin- ation for Bakery operations within the SCI Zone, The first letter dated September 19, was written at a time when the two businesses planned to share space number 19 in the Mill Street Building located at 465 N. Mill Street. On October 4, we learned that your Pizza Run would not be operating in space 19 but rather would be operating in the River Front Building located in the 500 block of N. Mill Street. Regardless of whether the two businesses will operate out of the same space, the applications still request similar Use Determinations and both uses are proposed for the SCI Zone. Le Cuisinier is to be a bakery and catering business and Your Pizza Run is a bakery business with a delivery service. The intent expressed in the Aspen Municipal Code for the SCI zone is, "To allow the use of land for 1 imi ted commerci a 1 purposes and 1 imited industrial purposes, with customary accessory and institutional uses," Permitted uses allowed in the SCI Zone are "Limited commercial and indus- trial uses including the following and similar uses: vehicle sales; equip- ment rental storage and repair; gasoline service stations; automobile washing facilities; electrical and plumbing. service shops; commercial baker; other limited industrial uses... provided that no permited uses creates an unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare, or industrial waste disposal problem." In the definition section of the Code we find the following definition for Commercial Bakery; "A bakery in which there is permited the production and/or wholesale sale of bakery goods, but where over-the-counter or other retail dis- pensing of baked goods shall be pl'ohibited." The Pizza Run operation would involve no over-the-counter sales but rather a delivery service. The Planning Office feels that this limited commercial operation is within the intent of the zoned district and recommends that you make a Use Determination that their bakery business as described with the delivery service is a permited use in the SCI Zone. The Le Cuisinier application requests a retail bakery operation similar to that carried on by Little Cliff's plus a catering business. We have no problem with the catering business or with the wholesale bakery production operation. However, we feel the over-the-counter retail sales as proposed is clearly a violation of the intent of the zone district, The Planning Office recommends that you make a Use Determination that the production, wholesaling, and catering operation is a permited use in the SCI Zone Districts, but that retail sales of bakery goods on premises shall be prohibited. .-' ,-, ~ ...._' LE CUISINIER", INC. Application for Conditional Use CONDITIONAL USE REQUESTED: Le Cuisinier, Inc. requests that it be permitted to engage in limited retail sales for its products in the Mill Street Venture Building at 465 North Mill Street, ZONE: S/CjI .,~ . NATURE OF BUSINESS: Le cuisinier, Inc. is a full service catering business providing Aspen with unique concepts in food. Le Cuisineire, Inc. is owned and operated by Tom Gerlak and Dean Small, graduates of the Culinary Institute of America. ~1r. Gerlak has recently been chef for Nelson Rockefeller at Pocantico Hills, the Rockefeller estate and for Mr. Henry Kissinger, (See exhibits A and B attached). Mr. Small recently worked as a chef at the Windows on the World, Hilton, International, World Trade Center, New York, New York. Prior to that employment, he was the sous chef at the ute City Banque. Le cuisinier, lnc, is very proud of its high standards in both food preparation and professionalism. PRODUCT: Le CL.isinier, Inc. desires to offer a full service patissire to the residents of the Snowmass - Aspen area. Presently, such a service is unavailable to the residents of the Roaring Fork valley. Le cuisinier, Inc. specializes in gourmet desserts. They are presently the only bakery in the State of Colorado who produced the following baked goods. Amaretto Cheescake Cappuccino Cheescake Linzer Torte Black Forest Cake Chocolate Almond Mousse Torte Apple Custard Torte Brioche Bread, Croissants Presently, the above products, plus all the other numerous items that they produce are available only on a wholesale basis. The fOllowing restaurants in the Roaring Fork Valley are supplied or will be supplied this winter with Le Cuisinier's products. Andres' of Aspen Aspen Steak company Hickory House Little Annies Dunnavant's Ltd. Guidos Swiss Inn Jolly Jester Maurices Shannon's Galley Cheese company Springs Restaurant The Meadows Restaurant The Araya Courtyard Cafe country Roads Ltd. Holiday Inn of Aspen Pomeqrantate Mt. sopris Restaurant Copper Kettle Paragon The Skier Chalet The Stonebridge Inn The Refectory DiMaggio's At the Frying p, The Tower Restaurant The Restaurant Timbermill Inn Timberline Bar and Restaur, Village Delicatessen of Sno\.nnass Aspen Mine company Casey's of Aspen Galena Street East Lovings Sgt. Peppers American Cafe Pinocchio's ,-, ^ Ute City Banque Crystal Palace Sweet Sensations Culinary Corner Bagal Nosh Golden Horn Aspen Bar and Grill Le cuisinier, Inc. recognizes that presently they offer a product that is only available to the public who patronize the above listed restaurants and desire to provide the community the opportunity to savor the specially baked items that they produce without having to go out to dinner to enjoy it. Since Le Cuisinier is primarily a wholesale bakery, it will not be selling donuts, cookies and brownies that are traditionally sold by other commercial bakery's in town. Le Cuisinier will be more complimentary to than compe- titive with the existing bakeries in town. Le cuisinier, Inc. will devote less than 10% of their total leased space to the retail operation (see floor plan attached hereto as Exhibit C). The retail operation shall be limited to a six foot long display case. There will be no seating available as on-site consumption of the bakery goods is not contemplated. The primary business of Le Cuisinier is wholesale and the antici- pated retail operation, as outlined above is ancillary to its ~primary business. At the present time, Le cuisinier estimates that less than 10% of their gross income will be generated by the retail sales. . APPROPRIATENESS OF LOCATION Le cuisinier spent considerable time and effort in choosing a leased space for their operation. The Mill Street Venture Building was selected because of the character of the surrounding neighbor- hood. The 400 block of Mill Street, upon completion of the True- man Center, will be Aspen's resident's shopping center. There are approximately 20 businesses leasing space in the Mill Street Venture Building. Le Cuisinier's leasehold space is on the upper level of the Mill Street Venture Building which has grade access on the southern side. On that level, the following businesses are located: N~lE NATURE OF BUSINESS WHOLESALE/RETAIL Tipsy-T's bar supplies wholesale and retail Fresh Squeezed Orange orange juice primary wholesale with Juice limited retail Specialty Glass Ltd. repair replacement of glass retail Quality Auto Parts auto parts wholesale and retail Y' Old Nash House laundramat retail Brown and Wolf e<mrercial artist retail Studios, Inc. Heritage Paints paints and supplies retail Pegasus Saddlery saddles, tack, guns and retail supply shop Henry's Electronics TV and Stereo supplies retail 1"""\ 1"""\ Lower Level - Mill Street Venture 1'l1'.ME NATURE OF BUSmESS WHOLESALE/REI'AIL Marvin Enterprises Autaroti ve repair shop retail Printed in Aspen Autorroti ve repair shop retail Newspaper, publishing office wholesale Print shop retail FoX Bronco Aspen Times ^. , The Mill Street Venture Building Property is adjacent to the Trueman center which shall contain the following retail businesses upon the completion this winter of the building: bakery super market interior design shop candy shop appliance store drug store liquor store bank hardware store natural food store The businesses in the Mill Street Venture Building, and the remaining businesses located on the 400th block of North Mill Street are primarily a retail operation oriented at the non-tourist cliental. The Conditional Use sought b~ Le Cuisinier is consistent and com- patible with the surrounding businesses. The Mill Street Venture Building represents the most logical location for an operation of Le Cuisinier's type. This is borne out by the petitions attached as Exhibit C, D and E, which request by the Planning and Zoning Commission approval of Le Cuisinier's conditional use. As stated above, the 400 block of Mill Street is becoming Aspen's local resident's shopping center. Le Cuisinier's retail operation will cater to the non-tourist cliental. It will not generate any additional traffic demands on the surrounding area since it is contemplated that Le Cuisiner's customer will be one-stop shopping for all his needs at the Trueman Center and Mill Street Building. The Mill Street Building presently has approximately. 80 parking spaces with the Trueman property having an eq~al amount of parking available, The Mill Street Venture building is an extremely appropriate location for the type of operation Le Cuisinier seeks approval for. CONCLUSION Le cuisinier is extremely proud of the product it produces and would like to make that product availabie to the community at large. It is a very unique opportunity for a small town like Aspen to have a full service patissire. The nature of the proposed operation to be carried on by Le cuisinier at the Mill Street Venture is consistent, compatible and logical for the business district emerging in the 400 block of North Mill Street. ,-, EXHIBIT "A" ,....." CREENROCK CORPORATION POCANTICO HILLS TARRYTOWN. NEW YORK 10591 August 16. 1978 To Whom It May Concern: It is my pleasure to highly recommend Tom Gerlak as a very fine young man who is also a skilled chef and caterer. He first came to us as a substitute in one of our guest houses and then became the permanent chef at Kykuit, the Governor's residence in Pocantico. Tom earned the respect of everyone in addition to praise for his work, He worked quietly, efficiently and economically in planning menus and purchasing. We regret his departure, however, we wish him great success in the future, Josep W. Canzeri President ". ,,,,'~""",~ ~ ,"J', kx "'. /.'" ~ " , .~ ~ . , -1 ,-, ~ . EXHIBIT "]?" .. .. d, . ~ ..",~ ....---.........-. HENRY A, KISSINGER February 8, 1978 Dear Mr. Gerlak: I want you to know how pleased Mrs. Kissinger and I always were when you cooked for us.. Even though you often made it difficult for me to remember I was on a diet, I would not hesitate to recommend you to someone who was looking for an excellent chef. You took good care of us, and we greatly appre- ciated it. , . ,l .. . . .:, ,. ~......; Best regards, I ;./ ~ 7, " 'Y' Henry A. 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I, , I ! :1 ~ ,-, EXHIBIT "D" I"""" PETITION The Undersigned being the owners, managers or employees of the businesses located on the 400 block of Mill Street hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation to be carried on in the Mill Street Building located at 465 N, Mill St" Space 19 as such use is consistent with the objectives and purposes of the S/C/I zone, is compatible with the other businesses in the surrounding area and the location in question represents the most logical, efficient, and convenient location for the nature of the service and product offered by Le Cuisinere, Inc. Address .f~j" #. pitt' ~ ..11"% /3 ~,4-:V reJ, 7:; --5;;<!;(:'l;'tffS'7 f6' 5' A). ?J1dt //,..de /.j W5 ;J /lV( .. " 1-165 jJ, J%/ / ra'" 13 ,~..,.>., I- </ G S;" ,{) 11, L c 46'.5 .M. />JiLL t.J{,'j N. Mll..L i...( /,. S- /u 111;(( LI?)' J-.l 1'1'1',// (\ (' J.jfi,j-)J /11/.l-c... 4/pj 1.1.,; m~{ ( Business f/'E,/A't-ff d~f 5/:Jre //1(7'( c?Mss " II @~tUc ~ I. (I.. ?,i.. ",:::-:': ,':';:i~j.~)~~:; /i5;:e;u P$N?7Pa:, # , ',: -:: ';'.:,~- "',;,~:~~;- Cc-r- (l~t/j . . ,-. - . ' EXHIBIT "E" .^- PETITION The Undersigned being the Owner and Tenants of the Mill Street Building located at 465 N. Mill hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation as such use is compatible with the other uses in the building; is consistent with the objectives and purposes of the s/C/I zone and the Mill Street Building hereby represents the most logical, efficient and convenient location for the nature of service and products offered by' Le Cuisiniere. Name ~~ ,(/ ~,-- ( ))~'!'05"'~r.Nc~ &<:4I1!fi ~~ /It! / r - ()~f'/ - /k/ttJ~ -;i/ (Lt-~ 7'^ (!tu.~ d-u~ /1f;'~~ (~i~ I2-iJ CJ,/llryj . ~~- . ~ ' td"v-p ! (0:~4:0_ d)n~<'''71- \- A1 00 O/(l'(y R;, }'""'-~ R~l-f!!/ k/tq~ (){IVv0C.v,.. {Ui~ Address 1"~ A/. ~a ~~ ~% /':J Business JU~/,HY ~.f .., /-;' V- .6 cry ),~ 7t6 ~'Jiifl -I~-t /.3 % ~ ;J, /I'l(tjl ..tt. ,)j:l:!'(~/)1(7V CI/fD- " I, ~{4f~ ~ J;>>n 'I " ycc/cJr7 r; I ~S s , cX~--~#"c2d-~ ~/f /!J. /11/;-/ ~r t?ad( ~ ~L ifG ~ It. At' ~ ( Sl'. ~1i tieLe ~~ 16Y;I/ ;fz:#Y'-#$t1l--llIJft#tr gS~'1 N. l11_t:L( -x!~a J %cJ jI/ 'l/Mf! ~~ If 6S"" f'u - (1..1/ (f JT ll)v~r J t:2c-{jI1,M<. (~ J-~- k/ _.€e-y 0 ;\>>lA-(,D ///5 ,(.). /JJf s,,;;':- 1-5 ( , ,II <,/t, 5";.). ;-1/<... c 4 (.5: .tV /?1/~I.~ 4&5 /II. ,A,-jlL[., ^,- f-/~If J) .IN,! I )"Yl,d"r. //01.) C 1-/ Tc t<- f> It IS; fo'S 11Ht? /I AI G~-r';:"'f~/S(;;.s /..( ~ )' ( { - ~ I' ..... t.~ t,~.. /}/?i,.. p,ct u tk ~ {<-f~''''' ,o~"~ '" (" s- LI~f~, ~'l.o\."{'f1 -, . .. ,,,,",,,, EXHIBIT "F" ^ .' , PETITION The undersigned being residents of the City of Aspen hereby request the Planning and Zoning Commission to approve Le Cuisiniere's application for limited retail operation to be carried on at the Mill Street Building, 465 N. Mill St., Space 19, as such use is consistent and compatible with the other uses in the surrounding area and the location in question represents the most logical, efficient and convenient location for the nature of the service and product offered by Le Cuisiniere, Inc. Name Address (2' Y;~ J/j~e~ . ~ ~4fl '::,/J-;7Y~:C &,fj 7ftjc;; ~ (-4 ~ iJr ~~~ -viP, /mL -{C~'OvU~t- ~jL~d-~ ~~ d~~ ~/!J!, ~ / 1, '" L-- 7 / (tea ~,-b~ , \1\'\ \\ \ 'i'..,.'3- ~0J\bz..- ~~~ J\J tV~ o~ K.r, ~\.~t . , ',.L ~'eF' ~Afebk' \ ~0...A v\JDv1 -; ~~i!~ l ' ' 7ft t1( ? 7-';- /1;1f'CfC<? Lvi S if oo.J /.;13 e-: ~:Jr j!d ,(]~X' 7"3 S;dCt/?:/'1/t55' 1-1 r // // // c;.6, ,/.,<.3 C,' /]!/?'Iu:,-,<- .W: A"~ ' ~< ;U. 7t4-e~ ~('ILj u~ 1/ ., ~I .$) ).). ~/I1'l.3 ?C-C/47 ~:s5 ' ~.~/~~~ ;/Is /!/ /llJ/L ,tj/ v~4! 4d ~ Lie, ~ It, At c.f~, Sf( ~ti~ (JUw I. tl,f/~ Lf0~-),{.;;t.'(J"5I ~/(/~~ srs IV '7Hd( h1J~ ~ 165" ;J ~z:.I!(J gF~.-izda? Cfrs (V-;"(( (( Sf' (-fw-ft-t~ f)t!l~' c~ bJ!R.J7 di.:~L,;~ I-.~ IS MJv~b lubd~ /'" (I/L -r');.1 C Nrl'fl.-.P/t- JS(S / L .?' j ,/? ~ P 15,.v. '<-'_' f ~r J, /~( ~ep ~()r"'~ '4v-k l \ 4C::-C .AI/'J)',,<- I.fb'i N. IvIJt-t , /VI ,q f!.f1/v ~NTe~.o k. I S <:3 S /1, ,{( i.-(I..~- tv i.llJ ,c;- to nv}[) f (t ~3~ J ~ .~ if}L,9-p~,- p,C~~ i( I( 'ltt~j /&1 /!?/LL I( 'I /f'S'/-'e::y ):l/V,.</7/A/t7-- r-., ,~ M E M 0 RAN 0 U M TO: Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: Cuisinier, Inc. - Use Determination DATE: September 27, 1978 Ron, would you please comment regarding your interpretation of the intent of the SCI zone and upon the appropriateness of considering the attacbed use determination. The determination requestedi:s specificly that a "limited retail operation" is a similar use to a wholesale retail operation. At what point does a use determination become so far fetched as to merit rejection of the application by the Planning Office? Do we ever have that administra- tive authority? I have scheduled this item to be reviewed by 'the City P&Z on the 17th of October, Could I please have your comments by October lOth. Thank you, sr ,-, r'\ SACHS KLEIN & SEIGLE JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 (303) 925.6813 DENVER OFFICE: 1660 LINCOLN ST.-SUITE 1518 DENVER, COLORADO 80264 (303) 861.2493 September 26, 1978 Mr. Richard Grice Planning Office Aspen City Hall 130 South Galena Aspen, Colorado 8l6ll HAND DELIVERED RE: Le Cuisinier, Inc. - Use Determination Dear Richard: To follow up our conversation of Friday, September 22, 1978, the following are also property owners within 300 feet of the Mill Street Building property who should be provided notice of the special review: Jesse and Judy Caparrella P.O. Box 355 Aspen, Colorado 81611 Mr. Clyde McFarlin and Mr. Robert Andrews P.O. Box 289 SnOlqmaSS, Colorado 81615 Elizabeth Paepcke c/o R.C. Huggins, Jr., Esq. Bell, Boyd Law Offices 135 South LaSalle Street Chicago, Illinois 60603 pitkin County 506 East Main Street Aspen, Colorado 81611 united States Post Office Aspen, Colorado 8l6l1 ATTENTION: Post Master ,-, Mr. Richard Grice Page Two September 26, 1978 Shaw Estate c/o Holland and Hart 343 East Cooper Aspen, Colorado 8l6ll l'1r, Chuck Vidal l305 Snowbunny Lane Aspen, Colorado 81611 r-. I would appreciate it if you would send out the notice immediately. Please schedule this for the October lOth meeting. lmk cc: Le Cuisinier, Inc. Sincerely yours, SACHS, KLEIN & SEIGLE By ,--- ~, ~ SACHS KLEIN & SEIGLE JEFFREY H. SACHS HERBERT S. KL.EIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 (303) 925.6813 DENVER OFFICE: 1660 LINCOLN ST.-SUITE 1518 DENVER, COLORADO 80264 (303) 661.2493 September 19, 1978 Mr. Richard Grice Aspen City Hall Planning Office 130 South Galena Aspen, Colorado 816ll RE: Le Cuisinier, Inc., - Use Determination Dear Richard: This office represents Le Cuisinier, Inc. and on behalf of Lecuisinier "Inc., I hereby request a Use Determination regarding their proposed use of space No. 19 in the Mill Street Building located at 465 North Mill Street. Le cuisinier is in the bakery and catering business, They will share the above referenced leased premises with the Pizza rtun which is engaged in a pizza delivery service, which presently operates out of the Airport Business Center. Le Cuisinier '.vould like a determination that the operation of a delivery service for both their catering operation and the Pizza Run's business is permitted within the S/C/I Zone, which is the applicable zone for the ~lill Street Building, Further, Le Cuisinier would like to request permission to have a limited retail operation in the subject premises as a conditional use. Le Cuisinier offers a unique food product to this community tha't cannot be obtained from anyone else. Presently, Le cuisinier is only selling their products to the various restaurants in town. They would like to offer the same products to the general public by over-the-counter sales. Le Cuisinier contemplates allocating a very small amount of their total leased space (approximately 5% to 10%) to retail sales of their bakery products. The operation would be very similar in size to the type that is presently being carried on by Little Cliffs. There would be no seating in the shop and no on-site consumption of the bakery products is either contemplated or desired. The applicants feel that ~ ,-" Mr. Richard Grice Page Two September 19, 1978 the proposed retail use is consistent with the objective and purposes of the S/C/I zone and is compatible with the surrounding area. There are approximately 20 different businesses leasing space in the Mill Street Building and the majority of them are retail oriented. Further, the Trueman Development which boarders the Mill Street Building property on the South contains various retail businesses, such as The Grocery Store which are extremely compatible to the limited retail use proposed by Le Cuisinier. It should be pointed out and emphasized that Le Cuisinier is primarily in the business of wholesale baking and this limited retail use proposed by them will represent only a small portion of their anticipated gross income. The Mill Street Building represents a perfect location for this type of operation in light of the heavy traffic that would be generated by the new grocery store at the Trueman property. Customers of the grocery will be able to walk across the parking lot and do business at the Mill Street Building without generating any additional traffic. Between the Trueman Property and the Mill Street Building property, there is more than sufficient parking to accommodate customers of Le Cuisinier. I would appreciate it if you would please place this matter on the agenda of the next Board of Adjustment meeting which, I believe, will be held in mid October. I would appreciate written confirmation of your receipt of this letter, along with information regarding the hearing date. The following is a list of adjoining property owners within 300 feet of the applicant's property. Please forward the appropriate notice to them. Since some of the property owners are municipali- ties, they must be given 15 days written notice of the meeting. Also, please find enclosed our check in the amount of $20.00 to cover the application fee. If you have any questions, please do not hesitate to contact me, ADJOINING OWNERS Robert Francis P.O. Box 3098 Aspen, Colorado 81611 ,'-. i__ Mr. Richard Grice Page Three September 19, 1978 Aspen Sanitation District P.O, Box 2810 Aspen, Colorado 8l6ll The Trueman Property c/o Brooke Peterson 430 East Main Street Aspen, Colorado 8l6ll The City of Aspen l30 South Galena Aspen, Colorado 81611 Wendy Morse Mason and Morse P.O. Box Q Aspen, Colorado 8l6ll Sincerely yours, SACHS, KLEIN & SEIGLE By lmk cc: Dean Small